A will is one of the most important legal documents you can create to protect your loved ones and ensure your assets are distributed according to your wishes. Despite this, many people in the UK don’t have a will in place, leaving their estate subject to intestacy laws. In this guide, we’ll cover everything you need to know about making a will, including its importance, what to include, costs, legal requirements, and common mistakes to avoid.
What is a Will and Why is it Important?
A will is a legal document that outlines how your estate (money, property, possessions, and other assets) should be distributed after your death. Without a will, your estate will be divided according to the rules of intestacy, which may not reflect your personal wishes.
Key Reasons to Make a Will:
Ensures your assets go to the people or causes you choose
Prevents disputes among family members
Reduces inheritance tax liabilities where possible
Appoints guardians for any dependent children
Speeds up the probate process and avoids unnecessary legal costs
Who Needs a Will?
Anyone over 18 years old in the UK can make a will, and it’s especially important if you:
Own property or valuable assets
Have children or dependents
Want to leave assets to specific people, charities, or organisations
Have a partner you are not married to, as they are not automatically entitled to your estate under intestacy laws
How to Make a Will in the UK
Making a will is easier than many people think. Here’s a step-by-step guide to creating a legally valid will:
Step 1: List Your Assets
Make an inventory of everything you own, including:
Property (houses, land, or investments)
Savings and bank accounts
Valuable possessions (jewellery, artwork, vehicles)
Pensions and life insurance policies
Business interests
Step 2: Decide Who Will Inherit Your Estate
Choose who will receive your assets. This may include:
Family members (spouse, children, siblings, etc.)
Friends or other individuals
Charities or organisations
Trusts for young children or dependents
Step 3: Appoint Executors
Executors are responsible for carrying out the instructions in your will. You can choose:
A trusted family member or friend
A solicitor or professional executor (may involve fees)
Step 4: Name Guardians for Your Children
If you have children under 18, you should name legal guardians who will take care of them if you pass away.
Step 5: Specify Funeral Wishes (Optional)
You can include instructions on your burial or cremation preferences, but this is not legally binding.
Step 6: Write and Sign Your Will
A will must be:
Written (typed or handwritten)
Signed by you in the presence of two witnesses
Signed by two witnesses, who must be over 18 and not beneficiaries
Step 7: Store Your Will Safely
Keep your will in a safe place, such as:
With a solicitor
In a secure home safe
Registered with the Probate Service’s Will Storage Scheme
How Much Does a Will Cost in the UK?
The cost of making a will depends on the method you choose:
DIY Will Kits: £20–£50 (not always legally secure)
Online Will Services: £50–£200
Solicitor Drafted Wills: £150–£500+ (recommended for complex estates)
Trust & Estate Planning Services: £500–£1,500+ (for high-value estates)
Common Mistakes to Avoid When Making a Will
1. Not Updating Your Will
Your will should be reviewed and updated after major life events, such as marriage, divorce, or the birth of a child.
2. Not Naming an Executor
Without an executor, probate can become complicated, delaying the distribution of your assets.
3. Not Considering Inheritance Tax (IHT)
Inheritance tax is charged at 40% on estates over £325,000 (or £500,000 if passing to direct descendants). Proper estate planning can help reduce this burden.
4. Not Having Witnesses Sign Correctly
If your will is not signed correctly, it may be declared invalid, meaning your estate is divided according to intestacy laws.
5. Assuming a Partner Will Inherit Everything
If you are not married or in a civil partnership, your partner does not automatically inherit your estate unless named in your will.
Frequently Asked Questions About Wills in the UK
1. Do I Need a Solicitor to Make a Will?
No, but using a solicitor or professional will-writing service ensures your will is legally valid and reduces the risk of errors.
2. What Happens If I Die Without a Will?
If you die without a will, your estate is distributed under intestacy rules, meaning your assets may not go to the people you intended.
3. Can I Change My Will?
Yes, you can update your will by adding a codicil (legal amendment) or writing a new will that revokes the old one.
4. Can a Will Be Challenged?
Yes, a will can be challenged if there are claims of undue influence, fraud, or lack of mental capacity at the time of writing.
Final Thoughts
Making a will is essential to protect your loved ones and ensure your wishes are followed after your death. Whether you choose a DIY approach or work with a solicitor, having a legally valid will provides peace of mind and avoids unnecessary legal complications for your family.
If you’re unsure where to start, speaking to an estate planning professional can help you create a will that suits your needs.
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