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:
- It is made in writing (typed or handwritten)
- The person making it (the testator) is 18 or over and of sound mind
- It is signed by the testator, or by someone else in their presence and at their direction
- 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:
- Be 18 or over
- Be present at the same time as you and each other when you sign
- Not be a beneficiary named in the will
- Not be married to, or in a civil partnership with, a beneficiary
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.
Get started — £29.99 →Common mistakes that invalidate a will
| Mistake | What happens |
|---|---|
| Witness is a beneficiary | Their gift becomes void |
| Only one witness present | The whole will can be invalid |
| Will not dated | Can create disputes over which version applies |
| Marriage after the will was made | Usually revokes the will automatically |
| Ambiguous wording | Can 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.
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.