What are the legal requirements for a valid will in England and Wales?

Under the Wills Act 1837 and GOV.UK guidance, you must be 18 or over, of sound mind, and acting voluntarily. The will must be in writing, signed by you in the presence of two witnesses aged 18 or over, and then signed by both witnesses while you watch. A witness, or their spouse or civil partner, cannot be a beneficiary, or that gift becomes void. This is general information, not legal advice.

What happens if I die without a will in the UK?

You die intestate, and the law's intestacy rules decide who inherits, not you. In England and Wales a surviving spouse takes the first £322,000 plus personal possessions, with the rest shared with children. Importantly, an unmarried partner inherits nothing under these rules, no matter how long you were together, as Citizens Advice and MoneyHelper both confirm.

Does getting married cancel my will?

Yes. In England and Wales, marriage or entering a civil partnership automatically revokes any earlier will under section 18 of the Wills Act 1837, unless that will was made in contemplation of that specific marriage. If you marry and do not make a new will, you risk dying intestate. Always make or update a will around marriage and divorce.

Do I need a solicitor, or can I make a will myself?

You can write your own will or use an online service, with simple online wills available from around £69. A high street solicitor will typically charge in the region of £150 to £650 for a straightforward will. MoneySavingExpert and Which? recommend professional help for anything involving property abroad, business interests, trusts or blended families, where mistakes are costly.

How is making a will different in Scotland?

Scots law gives a surviving spouse, civil partner and children "legal rights" (the children's portion is "legitim") over the deceased's moveable estate, and these cannot be fully excluded by a will. England and Wales have no such forced share. Scotland also has its own intestacy rules, updated by the Trusts and Succession (Scotland) Act 2024. Northern Ireland uses separate legislation too, so seek local advice.

Will my estate pay inheritance tax?

Most estates do not. The standard nil-rate band is £325,000, with an extra residence nil-rate band of up to £175,000 when a qualifying home passes to direct descendants, and allowances transfer between spouses, sheltering up to £1 million for a couple. GOV.UK confirms these are frozen until April 2031. Inheritance tax is complex, so check GOV.UK and take advice for larger estates.

How to make a will in the UK

A clear, practical guide to writing a legally valid will in England and Wales, with notes on how Scotland and Northern Ireland differ. General information only, not legal advice.

Reviewed: 29 June 2026 · General information, not legal advice

Making a will is one of the most useful things you can do for the people you love, yet it remains something most of us put off. This guide explains how to make a will in the UK, what the law requires, and the common mistakes that can make a will invalid or cause problems after you are gone. It focuses on England and Wales, where the same rules apply, and signposts where Scotland and Northern Ireland differ.

This is general information, not legal advice. Wills, tax and family situations vary enormously, and the safest course for anything beyond a very simple estate is to consult a qualified solicitor or a regulated will writer.

Why making a will matters

If you die without a valid will, you die "intestate", and the law decides who inherits through the rules of intestacy, not you. That outcome surprises many people. According to research by Canada Life, published in March 2024 and widely reported by outlets including Cover and Funeral Service Times, around 51 per cent of UK adults have not written a will and are not in the process of doing so. The same survey found that nearly a third (30 per cent) of people aged 55 and over still have no will.

The Money and Pensions Service, the government-backed body behind MoneyHelper, has echoed that "over half of UK adults don't have a will", warning that the strict intestacy rules can disadvantage loved ones who are left behind.

The most painful gap is for unmarried couples. As Citizens Advice and MoneyHelper both make clear, a cohabiting partner who is not married or in a civil partnership inherits nothing under the intestacy rules in England and Wales, no matter how long you have lived together or whether you share children and a home. A will is the only way to protect them.

What makes a will legally valid in England and Wales

The core requirements come from the Wills Act 1837, which still governs wills in England and Wales. According to GOV.UK, for your will to be legally valid you must:

Be 18 or over.
Make the will voluntarily and of your own free will.
Be of sound mind.
Make it in writing.
Sign it in the presence of two witnesses who are both over 18.
Have it signed by those two witnesses, in your presence, after you have signed.

The witnessing rule is where DIY wills most often go wrong. Both witnesses must be present at the same time when you sign (or when you acknowledge your signature), and they must then sign while you watch. Each witness must be at least 18 and able to understand that they are witnessing a legal document.

Crucially, a witness, or the married partner or civil partner of a witness, cannot be a beneficiary. If a beneficiary (or their spouse) acts as a witness, the will itself can remain valid, but that person's gift under the will is void. Choose witnesses who inherit nothing, such as neighbours or colleagues.

Choosing executors

Your will should name one or more executors: the people responsible for carrying out your wishes, gathering your assets, paying any debts and tax, and distributing what remains. You can appoint a trusted friend or relative, a professional such as a solicitor, or a mix. It is sensible to name at least two, or a substitute, in case one is unable or unwilling to act. Executors can also be beneficiaries, which is common when a spouse or adult child takes the role.

How marriage, civil partnership and divorce affect a will

Two rules catch people out:

Marriage or civil partnership revokes an existing will. Under section 18 of the Wills Act 1837, getting married or entering a civil partnership automatically cancels any earlier will, unless the will was made "in contemplation" of that specific marriage and says it should survive it. If you marry and do not make a new will, you could die effectively intestate.
Divorce does not revoke the will, but changes it. Under section 18A, once a marriage or civil partnership legally ends, the will takes effect as if your former spouse had died on the date of the decree. Any gift to them, and any appointment of them as executor, usually fails, while the rest of the will stands.

The Law Commission has recommended reforming the marriage-revocation rule, partly to guard against "predatory marriages", but at the time of writing it remains the law. Always review your will after any major life change: marriage, divorce, a new child, a death, or a significant change in your finances.

DIY, online or solicitor: how to write it

There is no single right way to make a will, and cost varies widely:

Solicitor or regulated will writer. A straightforward single will through a high street solicitor often costs in the region of £150 to £650, with mirror wills for couples typically more. This is the safest route if your situation involves property abroad, business interests, trusts, blended families or potential inheritance tax.
Online will services. Reputable online providers offer single wills from around £69 and couples' mirror wills from around £99, according to consumer guidance. These suit simple estates but still require correct witnessing.
Free or low-cost routes. MoneySavingExpert highlights schemes such as Free Wills Month (generally for those aged 55 and over) and Will Aid, where solicitors write a basic will in return for a charity donation.

For anything but the simplest estate, MoneySavingExpert and Which? both advise getting professional help; a small fee now can prevent a far costlier dispute later.

Storing and updating your will

A will only works if it can be found. Keep the signed original safe and tell your executors where it is. Options include storing it with the solicitor who drafted it, with your bank, or through the HM Courts and Tribunals Service (HMCTS) will storage service for England and Wales. Do not staple, pin or unstaple anything to the original, as marks can raise questions about tampering.

Review your will every few years and after major life events. You change a will either by making a new one (the usual advice) or by adding a formal, properly witnessed amendment called a codicil. Do not write changes on the will itself, as handwritten edits are not valid.

Inheritance tax in brief

Most estates pay no inheritance tax (IHT). The standard nil-rate band is £325,000, and there is an additional residence nil-rate band of up to £175,000 where a qualifying home passes to direct descendants such as children or grandchildren. Unused allowances can transfer between spouses and civil partners, which can shelter up to £1 million for a couple. GOV.UK confirms these thresholds are frozen until April 2031. IHT is complex and changes with most Budgets, so check the current position on GOV.UK and take advice for larger estates.

Scotland and Northern Ireland differ

The rules above are for England and Wales. The other UK nations are not the same:

Scotland. Scots law gives a surviving spouse, civil partner and children "legal rights" (the children's share is known as "legitim") over the deceased's moveable estate, meaning money and possessions rather than land and buildings. These rights cannot be fully cut out by a will, which is a significant difference from England. Scotland also has its own intestacy rules, recently updated by the Trusts and Succession (Scotland) Act 2024.
Northern Ireland. The framework is broadly similar to England and Wales but governed by separate legislation, with its own intestacy thresholds and procedures.

If you live in, or own property in, Scotland or Northern Ireland, seek advice specific to that jurisdiction.

Where Afterlife AI™ fits in

A will protects your money, property and legal wishes. It does not capture who you were: your stories, your values, the way you spoke. That is a separate kind of legacy, and it is where Afterlife AI™ comes in.

Afterlife AI™ is a consent-based digital legacy you build while you are alive. You record memories and answer questions to shape your Persona, a guided reflection of how you think and tell your stories, so loved ones can keep a sense of you after you are gone. It is built on your explicit consent, including consent for playback after death, and that consent is locked in with Executor Lock™, so nothing changes against your wishes once it is set.

Getting started is free. The free build gives you 60 memories and 100 conversations to shape your Persona, with no card required and no expiry, alongside a Trusted Contact and Executor Lock™ setup that you keep. If you later want more, paid plans (Legacy at $14.99 per month and Eternal at $29.99 per month) unlock a richer, ongoing experience. Afterlife AI™ is an Australian company and is Australian-hosted, and your information is treated as sensitive personal data.

To be completely clear: Afterlife AI™ does not write wills, does not store legal documents, and is not a substitute for legal advice. It sits alongside your will, never in place of it. Make the legal arrangements with a solicitor, then let Afterlife AI™ hold the human side.

Frequently asked questions

If you take one thing from this guide, let it be this: a valid, up-to-date will is the single clearest way to make sure the right people inherit and to spare your family avoidable stress. This page is general information, not legal advice, so please consult a solicitor about your own circumstances.

Sources

Create your Persona See how it works Contact