How to Write Your Will: Step-by-Step
This guide covers DIY will writing for England & Wales. Scotland and Northern Ireland have different rules—see the regional differences section below for details.
Timeline: Simple wills can be completed in a few hours; review and update every 5 years or after major life events (e.g., marriage, divorce, birth of children, or significant asset changes).
Eligibility & Preparation
Before starting, ensure you meet these requirements:
- Be at least 18 years old (12+ in Scotland for certain wills).
- Have mental capacity: You must understand the will's purpose, your assets, and who benefits.
- Act voluntarily, without pressure or coercion from others.
- Prepare a list: Include all assets (property, savings, investments, pensions, digital assets like cryptocurrency or social media accounts), debts (mortgages, loans, credit cards), beneficiaries’ full names and details, guardians for any children under 18, and executors (1–4 trusted individuals to handle your estate).
- Value your estate: Gather bank statements, property valuations, and pension details. Subtract debts to get the net value.
- Assess Inheritance Tax (IHT): If your estate exceeds £325,000, it may be taxable—use the GOV.UK IHT tool and see the finances section below.
- If you have health concerns (e.g., dementia or terminal illness), obtain a medical certificate confirming your mental capacity to avoid future challenges.
Costs: Completely free using online templates; £10–£50 for DIY kits from stationers or online; £150–£500+ for professional solicitors. Free options available through campaigns like Will Aid (November) or Free Wills Month (March/October).
Warning: DIY wills are suitable for straightforward estates. For complexity (e.g., overseas property, family businesses, blended families, or dependents with special needs), professional legal advice is essential to prevent errors, disputes, or invalidation.
Steps to Write Your Will
Step | Action | Tips |
---|---|---|
1. Value Estate | List all assets and debts. Use the GOV.UK IHT calculator to estimate tax. | Don't forget digital assets (e.g., crypto wallets, online accounts) or joint assets that pass automatically. |
2. Decide Division | Specify beneficiaries for specific gifts, then the residue (remaining estate). Include contingency plans (e.g., if a beneficiary predeceases you). | Gifts to charities can reduce IHT rate to 36% if at least 10% of the estate is donated. Consider equal shares to minimize disputes. |
3. Appoint Roles | Choose guardians for minors and executors (1–4 people, e.g., spouse, family, or professionals). | Always confirm their willingness in advance. Backup executors are wise. |
4. Draft Will | Use free templates from GOV.UK or MoneyHelper. Start with a revocation clause for previous wills. | Use clear, unambiguous language. Attach a separate secure letter for digital asset passwords/keys to avoid public probate exposure. |
5. Sign & Witness | Sign in the presence of 2 independent witnesses (aged 18+, not beneficiaries or their spouses). | Everyone must be in the same room; witnesses sign after you. Date it clearly. Virtual witnessing not standard—stick to in-person. |
6. Store Safely | Store with a solicitor, the Principal Probate Registry, or securely at home. Inform executors of its location. | Register with The National Will Register (£25) for easy location. Avoid bank safety deposit boxes (hard for executors to access). |
Finances & Inheritance Tax
Effective planning can minimize IHT. Key 2025 thresholds (frozen until at least 2028):
- Standard nil-rate band: £325,000 (no IHT on estates below this).
- Residence nil-rate band: Additional £175,000 if passing your main home to direct descendants (total up to £500,000 per person).
- Spousal/civil partner transfer: Unused allowances transfer to the surviving partner (potentially up to £1 million combined).
- Tax rate: 40% on amounts above thresholds (reduced to 36% if 10% or more of the estate goes to charity).
- Reliefs: 50–100% for business or agricultural property; tapering relief on gifts made 3–7 years before death.
- Annual gift exemptions: £3,000 per year; unlimited wedding gifts (up to £5,000 per parent); small gifts of £250 per person.
Warning: All estates over £325,000 must be reported to HMRC, even if no tax is due. Use the GOV.UK IHT calculator. For complex tax situations (e.g., trusts or lifetime gifts), consult a solicitor or tax advisor to avoid penalties.
Children & Guardianship
- Guardians assume parental responsibility if both parents (or all with responsibility) die before children turn 18.
- Appoint 1–2 guardians in your will; discuss and confirm their agreement beforehand.
- If no guardian is named, the family court decides, potentially involving relatives or social services.
- Set up trusts: Hold inheritance for children until they reach 18 (or older, e.g., 21 or 25) to protect funds; trustees manage it.
- Scotland: Children have 'legal rights' to a fixed share of moveable estate, overriding some will provisions.
Digital Assets
- Include online accounts (social media, email, photos), cryptocurrencies, NFTs, and domain names.
- Create a secure inventory of logins, passwords, and wallet keys; store it separately from the will (e.g., with your solicitor or in a password manager).
- Platform policies: Many (e.g., Facebook, Google) allow legacy contacts or delete inactive accounts—specify your wishes.
- IHT implications: Value digital assets for tax; executors need access to avoid loss.
Pets, Funeral Wishes & Trusts
- Pets: Treat as property; appoint a caregiver and leave funds in trust for their care (e.g., via RSPCA or a pet trust).
- Funeral wishes: Include non-binding preferences (e.g., burial vs. cremation, music) in a separate letter to executors—wills become public.
- Trusts: Use for minors, vulnerable beneficiaries, or tax efficiency (e.g., discretionary trusts to control distributions). Simple wills can include basic trusts; complex ones need legal help.
Regional Differences
Scotland: 'Legal rights' entitle spouse/civil partner and children to 1/3–1/2 of moveable estate (e.g., cash, investments). Process is 'confirmation' instead of probate. Wills from age 12. See Citizens Advice Scotland.
Northern Ireland: Similar to England/Wales, but check 'survivorship destinations' for joint property. Process via Probate Registry. See NIDirect.
International Wills
- Jurisdiction: Determined by your domicile (permanent home). An English will can cover worldwide assets if compliant with local laws.
- Overseas assets: Recommend a separate will for each country to avoid delays; UK IHT applies to global estate for domiciled residents.
- Post-Brexit: EU succession rules (Brussels IV) allow choice of law, but seek advice for EU properties.
- Contact HMCTS or a specialist solicitor.
What if Things Go Wrong?
- Challenges: On grounds of invalid execution, lack of capacity, undue influence, or fraud. Claims must be made within 6 months of probate grant.
- Fraud: Forged signatures or false information can void the entire will.
- Lost or damaged will: Courts may accept a copy if proven authentic.
- Disputes: Try mediation first (cheaper); court proceedings can cost £1,000–£10,000+ and deplete the estate.
Emotional & Financial Support
- Emotional: Samaritans (116 123 for 24/7 support), Relate (£30–£80 per session for family issues).
- Financial: MoneyHelper for free advice on estates and tax.
- Legal: Law Society to find accredited solicitors.
- Free Services: Will Aid, Free Wills Month, Macmillan Cancer Support, or trade unions.
- Community: r/LegalAdviceUK for peer discussions (not advice).
Common Pitfalls
- Incomplete information: Omitting assets, debts, or beneficiaries leads to intestacy rules applying partially.
- Not updating: Life changes (e.g., new grandchildren) can make the will outdated.
- Legal errors: Improper signing, witnesses who benefit, or no date invalidates it.
- Ambiguous language: Vague terms like "my valuables" cause family disputes.
- Forgetting digital assets: Results in lost access or unclaimed value.
- No guardian appointment: Leaves decisions to courts, potentially against your wishes.
- Wrong executors: Choosing unwilling or unsuitable people delays probate.
- Ignoring IHT planning: Leads to higher tax bills for beneficiaries.
- No no-contest clause: Increases risk of challenges from disgruntled relatives.
- Special needs beneficiaries: Without trusts, benefits like disability allowances could be affected.
- Undue influence: Perceived pressure can lead to court invalidation.
- Pets overlooked: Animals may end up in shelters without provisions.
- Funeral wishes in will: Delays as will is read after funeral—use a separate document.
Glossary
- Executor
- Person(s) responsible for administering the estate, paying debts, and distributing assets.
- Codicil
- A legal amendment to update an existing will without rewriting it.
- IHT
- Inheritance Tax: 40% on estates over £325,000 (with reliefs).
- Beneficiary
- Individual or organization inheriting from the will.
- Guardian
- Appointed caregiver for minor children.
- Residue
- The remaining estate after specific gifts, debts, and taxes.
- Intestacy
- When there's no valid will; assets distributed by law (e.g., spouse gets first £322,000 + half residue).
- Trust
- Legal arrangement to hold assets for beneficiaries (e.g., for minors or tax savings).
- Probate
- Court process granting executors authority to handle the estate.
Case Studies
Sarah’s DIY Will: Sarah, 45, a single mother with two children, used a £20 online template to appoint guardians, divide her £400,000 estate (house, savings, digital photos), and include a pet care provision for her dog. Total cost: £20 + £25 registration. Saved £300 compared to a solicitor. Completed in 1 week. Start yours.
John’s Update: John, 60, retired with a blended family, revised his 10-year-old will using a codicil to add trusts for stepchildren and funeral wishes. He consulted MoneyHelper for free IHT advice, avoiding £50,000 in potential tax. Timeline: 2 days.
Frequently Asked Questions
Is DIY will writing free?
Yes, using free templates from GOV.UK or MoneyHelper. DIY kits cost £10–£50, while charities like Will Aid or Free Wills Month offer free wills in exchange for donations. Solicitors typically charge £150–£500+ for professional drafting.
How long does it take?
A simple will takes a few hours to draft and sign, including gathering asset details and confirming executors. Allow extra time for reviewing accuracy. Update every 5 years or after major life events.
Can someone challenge my will?
Yes, on grounds like improper signing, lack of mental capacity, or undue influence. Including a no-contest clause can deter frivolous challenges, but consult a solicitor for high-risk cases (e.g., estranged family).
What about digital assets?
List digital assets (e.g., social media, crypto) in your will and provide access details in a secure, separate document (e.g., with a solicitor). Value them for IHT, and specify legacy contacts for platforms like Google or Facebook.
Do I need a solicitor?
Not for simple estates with clear beneficiaries and assets. However, solicitors are recommended for complex cases like trusts, overseas property, blended families, or special needs beneficiaries to ensure legal validity.
What if I have property abroad?
An English will may cover foreign assets if compliant, but a separate will in that country often simplifies probate. UK IHT applies to worldwide assets for UK-domiciled residents—seek international legal advice.
How to appoint guardians?
Name 1–2 guardians for children under 18 in your will and confirm their consent beforehand. Consider backup guardians. Without this, courts decide, which may not align with your wishes.
What are IHT thresholds?
The standard nil-rate band is £325,000; an additional £175,000 residence band applies if passing your home to direct descendants (total up to £500,000). Spouses/civil partners can transfer unused allowances, up to £1 million combined.
What are Scotland’s differences?
Scotland has 'legal rights' giving spouse/civil partner and children fixed shares (1/3–1/2) of moveable estate. Confirmation replaces probate, and wills can be made from age 12. Use Scottish-specific templates.
How do I provide for pets?
Appoint a trusted caregiver in your will and allocate funds for pet care, ideally via a trust. Charities like the RSPCA can assist if no family is available to take responsibility.
Can I include funeral wishes?
Yes, but they’re non-binding. Include preferences (e.g., burial, cremation, music) in a separate letter to executors, as wills are often read after the funeral and become public.
What about setting up trusts?
Include basic trusts in your will for minors or tax savings (e.g., holding funds until age 18). Complex discretionary trusts for vulnerable beneficiaries or tax planning require solicitor guidance to comply with legal and tax rules.
Resources
Official Sources
- GOV.UK: Make a Will
- Citizens Advice: Wills
- MoneyHelper: DIY Wills
- GOV.UK: Inheritance Tax
- Citizens Advice Scotland
- NIDirect: Making a Will
Support Services
- Age UK (free advice for over-50s)
- Macmillan Free Will Service
- Samaritans (116 123)
- MoneyHelper
- Institute of Professional Willwriters
- Will Aid (donation-based free wills)