I want to make a will. What are the legal requirements and what happens without one?

Short answer

A valid will in England and Wales must be in writing, signed by the testator in the presence of two independent adult witnesses, who must also sign. Without a valid will, your estate passes under the intestacy rules — which may not reflect your wishes and can leave unmarried partners and stepchildren with nothing.

A will can be made at any time by an adult with mental capacity. It takes effect only on death and can be changed or revoked at any time before then. Storing it safely and telling your executor where it is are as important as making it.

1 The rule

The formal requirements for a valid will are set out in the Wills Act 1837, as amended by the Administration of Justice Act 1982. These requirements are strict — a will that does not comply is void, and the estate passes as if no will had been made.

A beneficiary who witnesses a will loses their gift under the will, although the will itself remains valid. Witnesses must be independent adults — ideally people who take nothing under the will and have no interest in your estate.

2 What you can do now

1. 1
   List your assets and decide who gets what

   A will can dispose of most assets you own in your own name. Make a list: the family home (or your share), savings and investments, personal possessions, vehicles, and any business interests. Note which assets are jointly owned — jointly owned property with a right of survivorship (joint tenants) passes automatically to the survivor outside the will. If you own property as tenants in common, your share passes under your will.

2. 2
   Appoint an executor

   An executor is the person who administers your estate — collecting assets, paying debts and taxes, and distributing the remainder to beneficiaries. You can appoint one or two executors; a professional executor (solicitor or bank) can be appointed if you have a complex estate. Choose someone you trust, who is likely to survive you, and who is willing to act. Tell your chosen executor where you keep the will.

3. 3
   If you have children, appoint a guardian

   If you have children under 18, appoint a guardian in your will — someone who would take on parental responsibility if both parents die. Without an appointment, the court decides who cares for your children. Confirm the appointment with the person you choose before including it in the will.

4. 4
   Draft the will — DIY or solicitor

   Will kits and online tools can work for simple estates with straightforward wishes. For anything involving property jointly owned as tenants in common, pension nominations, business assets, a disabled beneficiary, or potential inheritance tax, use a qualified solicitor. The Law Society's Find a Solicitor directory lists solicitors who specialise in wills and probate. A basic will drafted by a solicitor typically costs £150–£350 per person.

5. 5
   Execute the will correctly

   You must sign the will yourself (or someone else may sign in your presence and at your direction if you cannot physically sign). Two independent witnesses must be present at the same time and must each sign the will in your presence. Do not use a beneficiary or the spouse of a beneficiary as a witness — their gift under the will is forfeit. Date the will. Keep the signed original in a safe place and tell your executor where it is.

6. 6
   Store and register the will

   Keep the original will in a fireproof safe, with your solicitor (who will hold it for free or a small fee), or registered with the National Will Register (a fee-based service). Tell your executor where the original is — without it, probate is much harder. The National Will Register at nationalwillregister.co.uk provides a search service for executors trying to locate a will after death.

3 When this does not apply

• You are under 18 (except for members of the armed forces on active service — special rules apply).
• Jointly owned assets held as joint tenants pass to the survivor automatically outside the will — they cannot be redirected by the will.
• Pension death benefits are typically paid at the trustees' discretion to whoever is named on a nomination form — they do not pass under the will. Check and update pension nominations separately.
• Assets held in trust pass under the terms of the trust, not your will.

4 Common questions