You do not need a solicitor or a professional Will writer to make a valid Will in England and Wales. The law lets you write your own Will, and some people do so successfully. But a Will that is legally valid is not always a Will that works the way you intended. This guide explains what the law requires, where home-made Wills tend to go wrong, and when professional help is sensible.
We have deliberately not included a template or sample wording. A template cannot ask about your family, your property or what you want to happen. Also, a few borrowed phrases can give a false sense of security.
Can you write your own Will?
Yes. There is no legal requirement to use a professional. However, if you write your own Will, you must:
- be 18 or over (with limited exceptions for members of the armed forces on active service)
- have testamentary capacity. This means you understand that you are making a Will and what it does, have a broad idea of what you own, and know who might expect to benefit
- make the Will voluntarily, without pressure from anyone else
GOV.UK has a short overview of making a Will.
The legal requirements: section 9 of the Wills Act 1837
Under section 9 of the Wills Act 1837, a Will is only valid if:
- it is in writing and signed by you, or by someone else in your presence and at your direction
- it appears that you intended your signature to give effect to the Will
- you sign, or acknowledge your signature, in the presence of two witnesses who are both present at the same time
- each witness then signs, or acknowledges their signature, in your presence
The witnesses must be physically present. The temporary rules allowing video witnessing ended on 31 January 2024.
A witness, or the spouse or civil partner of a witness, should not benefit under the Will. If they do, the Will itself stays valid but that person loses their gift. This is one of the most common problems with home-made Wills, often because someone asked a family member to witness.
Common reasons DIY Wills go wrong
Signing and witnessing mistakes
If you do not follow the formalities in section 9, the whole Will can fail. Your estate may then pass under the intestacy rules instead. Typical problems include witnesses who were not both present or a witness who arrived after you signed. Sometimes the Will was never properly signed at all.
Unclear wording
Phrases that seem obvious to you may mean something different to others later. “My money” might or might not include investments or pensions. “My house” raises questions if you move. As a result, unclear wording can lead to family disputes, delay and cost. In some cases it can even lead to an application to court to interpret the Will.
Not planning for what might happen
Home-made Wills often say what happens if everything goes to plan, but not what happens if it does not. What if a beneficiary dies before you? What if your executor cannot or will not act? If a gift fails and there is nothing to catch it, part of your estate may pass under the intestacy rules. Those rules may not match your wishes.
Leaving out the residue
The residue is everything left after debts, expenses and specific gifts. Some Wills list items and sums of money but do not deal clearly with the residue. As a result, the Will may not deal with a large part of the estate.
Altering the Will after signing
Crossing things out or adding handwritten notes after signing does not usually change your Will. Instead, it can cause confusion about what you intended. To make changes properly, have your Will formally updated or make a new Will, signed and witnessed in the same way.
Forgetting that life events change things
Marriage or civil partnership revokes an existing Will unless you made it in contemplation of marriage to a named person. Divorce or dissolution does not cancel the whole Will. However, the law treats your former spouse or civil partner as having died on the date of the final order. So gifts and appointments to them fail. Many people do not realise this until it is too late. Our guide to marriage, divorce and your Will explains more.
Problems with storage
If nobody can find your Will after your death, it is of no use. Executors may assume there is no Will, or find an older one. So it is important that your executors know where you keep the original.
When it is risky to write your own Will
A home-made Will is most likely to cause problems where your circumstances are anything other than simple. For example:
- blended families, where you want to provide for a partner and for children from an earlier relationship
- unmarried couples, because a surviving partner inherits nothing under the intestacy rules if the Will fails (there is no such thing as “common-law marriage”)
- children under 18, where you will want to appoint guardians and decide how and when they inherit
- a beneficiary who is vulnerable or receives means-tested benefits
- property or assets abroad
- a business or farm
- an estate that may be liable to Inheritance Tax
- a family member who may feel left out, or a reason to expect a dispute
A note on Inheritance Tax
Each person currently has a nil-rate band of £325,000. There is also a residence nil-rate band of up to £175,000 where a home passes to children or grandchildren. The government has frozen both until April 2031. Any unused allowance of a spouse or civil partner can transfer to the survivor. So a simple Will leaving everything to a spouse does not waste the first allowance. Even so, the residence nil-rate band rules are detailed. Also, most unused pensions and pension death benefits will come into the Inheritance Tax net from 6 April 2027. A.D.E. Wills does not give tax advice, but if you need specialist advice we can refer you to an appropriate professional. HMRC’s guidance on Inheritance Tax is a useful starting point.
Executors’ powers
Executors already have a range of powers under statute, including powers to sell assets and pay debts. A professionally drafted Will often extends or clarifies those powers. For example, it may cover investments or money held for young beneficiaries. That is not usually essential for a valid Will, but it can make the executors’ job easier.
Should you write your own Will or get help?
Some people’s affairs are genuinely simple. For example, a single person with modest savings might leave everything to one or two adults. In that case, a careful and properly witnessed home-made Will may be enough. For most people, though, a template does not deal with something in their circumstances, such as a home, children, a partner, a previous relationship or a pension.
A professionally prepared Will reduces the risk of the mistakes described above. When A.D.E. Wills prepares your Will, Edward takes your instructions and drafts the Will around your circumstances. He then sends you a personalised booklet explaining your draft Will clause by clause, so you understand what it says before you sign. You can ask for as many draft changes as you need. You also receive a step-by-step Signing Guide to help you sign and witness the Will correctly.
We prepare Wills for a fixed fee, in person at home or at our Oxford office, or online. You can see the prices on our Wills Pricing page.
Talk to us
Your initial chat is free and there is no obligation. Call 01865 507174 or email info@adewills.co.uk, or read more about our Will writing service.
