DIY Will Writing Process: 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).
Your Will Writing Journey
Complete in · Update every 5 years
-
Step 1
Value Your Estate
List all assets and debts. Use the GOV.UK IHT calculator.
30 mins -
Step 2
Decide Division
Specify beneficiaries, gifts, and contingency plans.
30 mins -
Step 3
Appoint Roles
Choose guardians for minors and 1-4 executors.
20 mins -
Step 4
Draft Your Will
Use free templates from GOV.UK or MoneyHelper.
1 hour -
Step 5
Sign & Witness
Sign with 2 independent witnesses (18+, not beneficiaries).
15 mins -
Complete
Store Safely
Store with solicitor, registry, or securely at home.
Done!
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
Free using online templates; £10–£50 for DIY kits; £150–£500+ for solicitors. Free options available through 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.
Detailed Steps to Write Your Will
Finances & Inheritance Tax
Effective planning can minimize IHT. Key 2026 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 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 social services.
- Set up trusts: Hold inheritance for children until 18 (or older, e.g., 21 or 25); 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 separately from the will.
- Platform policies: Many (e.g., Facebook, Google) allow legacy contacts or delete inactive accounts.
- 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.
- Funeral wishes: Include preferences in a separate letter to executors—wills become public.
- Trusts: Use for minors, vulnerable beneficiaries, or tax efficiency. Complex ones need legal help.
Regional Differences
Scotland
'Legal rights' entitle spouse/children to 1/3–1/2 of moveable estate. Process is 'confirmation'. Wills from age 12. Citizens Advice Scotland
Northern Ireland
Similar to England/Wales, but check 'survivorship destinations' for joint property. NIDirect
International Wills
- Jurisdiction: Determined by your domicile. An English will can cover worldwide assets if compliant.
- Overseas assets: Recommend a separate will for each country to avoid delays.
- Post-Brexit: EU succession rules (Brussels IV) allow choice of law—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 within 6 months of probate.
- Fraud: Forged signatures or false information can void the entire will.
- Lost will: Courts may accept a copy if proven authentic.
- Disputes: Try mediation first (cheaper); court can cost £1,000–£10,000+.
Emotional & Financial Support
- Emotional: Samaritans (116 123), Relate (£30–£80).
- Financial: MoneyHelper - free impartial advice.
- Legal: Law Society to find accredited solicitors.
- Free Services: Will Aid, Free Wills Month, Macmillan Cancer Support.
- Community: r/LegalAdviceUK (peer discussions, not advice).
Common Pitfalls
- Incomplete information: Omitting assets leads to intestacy rules applying partially.
- Not updating: Life changes 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 disputes.
- Forgetting digital assets: Results in lost access or unclaimed value.
- No guardian appointment: Leaves decisions to courts.
- Wrong executors: Choosing unwilling people delays probate.
- Ignoring IHT planning: Leads to higher tax bills for beneficiaries.
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% tax on estates over £325,000 (with reliefs available).
- Beneficiary
- Individual or organization inheriting from the will.
- Guardian
- Appointed caregiver for minor children.
- Intestacy
- When there's no valid will; assets distributed by law.
- Trust
- Legal arrangement to hold assets for beneficiaries (e.g., for minors).
- Probate
- Court process granting executors authority to handle the estate.
Case Study: DIY Will Success
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, and include pet care provisions.
Total Cost
£45
Time Taken
1 week
Saved
£300+
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 offer free wills. Solicitors typically charge £150–£500+.
How long does it take?
A simple will takes a few hours to draft and sign. 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. Claims must be made within 6 months of probate.
What about digital assets?
List digital assets (social media, crypto) in your will and provide access details in a separate secure document. Value them for IHT, and specify legacy contacts for platforms like Google or Facebook.
Do I need a solicitor?
Not for simple estates. Solicitors (£150–£500+) are recommended for complex cases like trusts, overseas property, blended families, or special needs beneficiaries.
What if I have property abroad?
An English will may cover foreign assets if compliant, but a separate will in each country often simplifies probate. UK IHT applies to worldwide assets for UK-domiciled residents.
How do I 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.
What are the IHT thresholds?
Standard nil-rate band is £325,000; additional £175,000 residence band if passing home to direct descendants (up to £500,000 total). Spouses can transfer unused allowances, up to £1 million combined.
What are Scotland's differences?
Scotland has 'legal rights' giving spouse/children 1/3–1/2 of moveable estate. Confirmation replaces probate. Wills can be made from age 12.
Resources
Official Sources
- GOV.UK: Make a Will - Official guidance and templates.
- Citizens Advice: Wills - Free independent advice.
- MoneyHelper: DIY Wills - Step-by-step guidance.
- GOV.UK: Inheritance Tax - IHT calculator and thresholds.
- Citizens Advice Scotland - Scottish-specific guidance.
- NIDirect - Northern Ireland.
Support Services
- Age UK - Free advice for over-50s.
- Macmillan Free Will Service - Free wills for supporters.
- Samaritans - Emotional support (116 123).
- MoneyHelper - Free financial advice.
- Will Aid - Donation-based free wills (November).
Useful Tools
- IHT Calculator - Estimate inheritance tax.
- Estate Planning Guide - Comprehensive planning help.
- Free Wills Month - Free professional wills (March/October).
- National Will Register - Register your will (£25).