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What is a will and why does it matter?
A will is a legal document that sets out what should happen to your money, property and belongings (your estate) after you die. It also lets you make key decisions in advance, such as naming guardians for children under 18 and choosing executors who will carry out your wishes.
If you die without a will, the law decides who inherits your money, property and possessions under intestacy rules. These rules follow a strict order, usually starting with your spouse or civil partner and children. For example, an unmarried partner might inherit nothing, and children from previous relationships could be excluded.
Having a valid will means your wishes are followed. It can reduce stress and disputes for your family, help avoid delays and, in some cases, lower inheritance tax. It also gives you control over how things like life insurance payouts are used.
For a will to be valid it must be written voluntarily, when you’re of sound mind. You need to sign it in front of two witnesses, who must also sign in your presence. And these witnesses cannot benefit from the will themselves.
What should a will include?
When writing a will, you should start with your name and a clear statement that it’s your final will and testament. You’ll also need to:
- Name your executors, the trusted people who’ll make sure your instructions are followed
- Set out who receives what, such as your house, money, savings, possessions. This is known as naming beneficiaries in a will. It might even include digital items like your online accounts, photos and music
- Choose guardians if you have children under 18. If you don’t, the court will appoint someone, which may not be who you’d have wanted
- Add a backup plan in case someone you’ve named to inherit dies before you
If you have life insurance, your will can also set out who should get the payout. This is important if you haven’t named beneficiaries on the policy or put it in a trust. Otherwise, the money is distributed under the law.
Leave your loved ones a lump sum payout for extra reassurance
How to write a will in the UK: 5 options
There are several different ways to write a will. Here are some of the usual ways people do it:
1. Write it yourself (DIY will)
In the UK, there’s no legal requirement to use a solicitor to write your will. You can write your own, which may suit if you have a simple estate and if you’re giving everything to one person or just a few people.
But if you make a mistake or it’s unclear, your will might not be legally binding, which is why some people prefer the reassurance of getting professional help.
Jump to: The pros and cons of DIY wills
2. Use a will-writing service
There are online and face-to-face services that help you write your will. They provide will writing templates and guidance and are usually cheaper than hiring a solicitor. But the quality can vary and some are unregulated, so you need to research options and choose carefully.
3. Use a solicitor
A solicitor is a legal expert who can write your will for you. They make sure it’s done right and fits your situation. This is a good idea if your estate and will are complex. It costs more, but it offers peace of mind.
4. Use a charity
Some charities help people write wills for free or at a lower cost. They might ask for a donation or for you to leave them a gift in your will. Campaigns like Free Wills Month (for people aged 55 and over) and Will Aid offer this kind of help.
5. Use a bank or financial advisor
Some banks and financial advisors offer will-writing as part of their services. They can also help with things like taxes and planning your estate. The cost and quality can be different depending on who you choose, so it’s good to compare.
Some employers and unions also include free will-writing as a benefit.
The pros and cons of DIY wills
Writing your own will can seem like a good idea because it’s fast, cheap and private. You don’t have to meet with anyone or explain your choices. And if you’re giving everything to your partner or children, you might feel you don’t need any help.
But there are some risks. A will is only legally binding if it follows the law. If you make a mistake when writing or signing it, your wishes might not be followed, and your family could end up arguing or waiting a long time to sort things out.
Writing it yourself can also be tricky if your situation is more complicated, like if you own a business, have property in another country or a mixed family (such as stepchildren). In those cases, it’s often better to get help from a professional.
When should you use a solicitor?
A DIY will may be fine if your estate’s simple and you understand the rules. But there are times where using a solicitor could make sense. These include if you:
- Own a business
- Have children from different relationships
- Want to exclude someone from inheriting
- Own property abroad
- Want to include trusts
- Believe inheritance tax could apply
A solicitor can also check your life insurance plans match what you’ve written in your will. For many people, this reassurance is worth the cost of using one.
Storing and updating your will
Where should you keep your will?
Once your will is signed and witnessed, keep it somewhere safe but accessible. Some people store it at home in a fireproof folder. Others ask their solicitor to keep hold of it.
There’s also a government-run will storage service with HM Courts and Tribunals Service. At the time of writing, it charges a one-off fee for storage of £23 (correct as of October 2025). Check the GOV.UK website for the most up to date fees.
Wherever you keep it, tell your executors. A will is of little use if no one can find it when it’s needed.
Can you update a will?
Yes. Life changes and your will should change with it. Small amendments can be made using a document called a codicil. Larger changes usually require writing a new will, which then cancels out the old one.
Good times to review your will include getting married or divorced, buying a home, having children, changing your life insurance policy or if a named beneficiary dies. An out-of-date will can cause confusion or conflict, even if it was valid when first signed.
Life insurance and your will
Life insurance pays out a cash lump sum when you die. The money can help cover funeral costs, clear a mortgage, pay debts or help with everyday living costs. But who gets it depends on how the policy’s set up.
If the policy isn’t written in trust, the payout is treated as part of your estate. That means it’s shared out through your will. If you don’t have a will, intestacy rules for the UK decide instead. This can lead to outcomes you may not want. For example, an unmarried partner may get nothing, or children could inherit before a spouse.
To make sure the right people receive the payout, you can either name them clearly in your will or put the policy in trust. A trust pays the money straight to the person you’ve chosen and usually avoids long waits through probate.
What does life insurance cover that a will doesn’t?
A will only covers what you already own. Life insurance adds an extra payout beyond your estate that can ease pressure on your family when they need it most.
If a life insurance policy is left inside your estate, the payout can take months or longer as it passes through probate and may count towards inheritance tax.
If it’s held in trust, the money usually pays out within weeks and sits outside your estate. This means your loved ones get the financial help your policy offers more quickly and receive the full amount.
A policy held in trust also lets you support people outside intestacy rules. That could be a long-term partner, a stepchild, a friend or even a charity.
Key takeaways
- A will decides who gets what from your estate, but it only covers what you already own
- You can write your own will, but it must follow legal rules to be valid
- If your estate is complex or likely to change, it might be best to use a solicitor for will making
- Life insurance adds an extra cash lump sum to support your loved ones when you die
- To make sure the right people benefit, name them as beneficiaries or put life insurance in trust
Add extra peace of mind in just a few minutes
Common questions
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Yes. It’s legal to write your own will but it must meet strict rules. Mistakes can lead to disputes or delays after you die. If your estate and wishes are quite straightforward and you’re confident writing it yourself, you may want to choose this route.
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It can. If your life insurance policy isn’t held in trust and doesn’t name a beneficiary, the payout becomes part of your estate. This means it will follow your will, if you have one, and may go through probate, which can delay access to the money.
If you don’t have a will or named beneficiaries, where your policy payout goes will be decided by intestacy rules like the rest of your estate.
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If a policy isn’t in trust and doesn’t name a beneficiary, the payout will usually form part of your estate. In that case, your will determines who receives it. Many people choose to name beneficiaries directly on the policy, as this can be simpler than updating a will.
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If you don’t have a will your estate is shared under intestacy rules. This might not reflect your wishes, so it’s important to make one. For example, unmarried partners don’t automatically inherit by law, even those who’ve lived together for years. Read more about ‘common law’ partnerships
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To be valid, your will must be:
- Written and signed by you
- Made when you're of sound mind and over 18 (or over 12 in Scotland)
- Signed in front of two witnesses (one in Scotland), who are also over 18 (or 16 in Scotland)
- Signed by those witnesses while you watch
- Your witnesses must not be named in the will or married to anyone who is
- Show more
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Yes. You can write a new one or add a codicil that amends an existing one. Many people review their will after major life events, such as marriage, divorce or taking out new life insurance.
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According to Which?1, the most common mistakes with will writing is not getting it signed and witnessed properly.
Your will must be signed in front of two independent witnesses over 18 (or one over 16 in Scotland). You must also watch them sign it. If this isn’t done correctly, your will might be invalid.
Other common mistakes include:
- Naming a beneficiary as a witness, which cancels that person’s inheritance
- Being too specific with gifts, which can cause confusion if things change
- Ignoring tax implications, especially if your estate’s a complex one
- Forgetting to update your will after major life changes like marriage or divorce
- Not telling your executor where your will’s stored
- Trying to amend your will without using a codicil or writing a new one
Make sure you review your will every few years to avoid problems later.
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Yes, but only if they’re not getting anything from it.
If a family member is named in your will and also acts as a witness, they won’t be allowed to inherit anything. The same rule applies if they’re married to someone named in the will.
So it’s best to choose witnesses who aren’t mentioned in your will at all.
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A will explains who should get your money, property and possessions when you die. A trust is a legal arrangement that holds assets for someone else. You can set up a trust in your will or while you're alive.
Trusts can help manage money for children, protect assets or reduce tax. They’re looked after by trustees, who follow rules you set.
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If you’ve made your own will and it turns out to be invalid, it’s treated as though you died without one . That means intestacy rules apply, which may not reflect what you want.
This could mean your partner receives nothing if you weren’t married or in a civil partnership. If you haven’t named beneficiaries on your life insurance policy, its payout could go to someone other than you want.
Relatives can ask a court to approve a will if they believe it reflects your wishes. But this process takes time, costs money and can add stress at an already difficult time.
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Footnotes
1Six common mistakes that could invalidate your will (Source: Which?, 18 July 2023)