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How to Write a Will in England & Wales

Everything you need to write a valid, legally sound will in 2026 — what it must include, how witnessing works, and the mistakes that most often catch people out.

Without a will, English and Welsh law decides who inherits your estate under fixed intestacy rules — not you. These rules can produce outcomes most people wouldn't choose: an unmarried partner can inherit nothing at all, and estranged relatives can inherit ahead of close friends.

A will lets you choose your beneficiaries, name a guardian for children under 18, appoint someone you trust to administer your estate, and set out your funeral wishes — none of which happen automatically without one.

There is no legal requirement for a will to be written or checked by a solicitor — what matters is that it's clear, unambiguous, and properly witnessed.

The four legal requirements

Under the Wills Act 1837, a will is legally valid in England and Wales if it meets four conditions:

  1. It is made in writing (typed or handwritten)
  2. The person making it (the testator) is 18 or over and of sound mind
  3. It is signed by the testator, or by someone else in their presence and at their direction
  4. The signature is made or acknowledged in the presence of two witnesses, who then sign it themselves

What to include

Executors — the person or people who will administer your estate: apply for probate, pay debts, and distribute assets. Most people name one or two trusted adults, or a professional.

Beneficiaries and gifts — who gets what: specific items, fixed sums, or a percentage share of the remainder (the "residuary estate").

Guardians — if you have children under 18, you can name who should care for them if both parents die. Without this, the decision falls to the courts.

Funeral and personal wishes — burial or cremation, service type, and any personal messages. Not legally binding, but a clear record for your family.

Signing and witnessing correctly

This is where most DIY wills go wrong. Your witnesses must:

If a witness (or their spouse) is a beneficiary, the gift to them is void — the rest of the will can still stand, but they lose their inheritance.

Write yours properly, in about 20 minutes

Simply Will walks you through every section above, then produces a document ready to sign and witness — no solicitor appointment required.

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Common mistakes that invalidate a will

MistakeWhat happens
Witness is a beneficiaryTheir gift becomes void
Only one witness presentThe whole will can be invalid
Will not datedCan create disputes over which version applies
Marriage after the will was madeUsually revokes the will automatically
Ambiguous wordingCan lead to disputes or court interpretation

DIY, app-based, or solicitor?

For straightforward estates — a single property, clear beneficiaries, no trusts — a well-built DIY or app-based will is legally sufficient and can save several hundred pounds. For complex situations — business ownership, overseas assets, blended families, or anyone likely to be contested — independent legal advice is worth the cost.

Worth knowing

You can update your will at any time, or add a formal amendment called a codicil. Most people find it simpler to write a new will and destroy the old one.

Frequently asked questions

Do I need a solicitor to write a will in England and Wales?

No — for straightforward estates, a DIY or app-based will is legally valid provided it is properly signed and witnessed. Complex estates benefit from specialist legal advice.

Can I change my will later?

Yes. You can update it any time, or add a formal amendment called a codicil.

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