This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn whether a will can be written without a lawyer in England and Wales, the legal requirements for validity, options for DIY wills and online tools, and when professional help is advisable to avoid errors and disputes.
Preparing a will is one of the most important steps an adult can take to ensure their assets, property and possessions are distributed according to their wishes after death. In England and Wales, there is no legal requirement to use a lawyer or solicitor to write a will. However, understanding how to do this correctly is vital because errors can lead to the document being invalid, potentially leaving the estate to be administered under the strict rules of intestacy and causing disputes, delays and added legal costs for loved ones. This article explains when and how a will can be written without a lawyer, the legal requirements that must be met, and the practical considerations to help readers make informed choices.
Legal Position: Using a Lawyer Is Not Mandatory
The law in England and Wales does not require a will to be drafted by a lawyer or solicitor. Anyone meeting the basic criteria can write their own will so long as it complies with legal requirements set out under the Wills Act 1837. The same formal execution rules apply whether a will is written by a solicitor or the testator themselves.
According to official guidance, what matters for legal validity is that the will:
- is in writing;
- is signed by the testator with the intention that it gives effect to their wishes;
- is signed in the presence of two independent adult witnesses, who also sign the will in the testator's presence; and
- the testator has the required mental capacity and acts voluntarily.
There is no statutory requirement that a lawyer or professional must draft the will, provided these conditions are met.
Why People Choose to Write Their Own Will
Many individuals consider writing their own will for reasons including:
- Cost savings – avoiding solicitor fees, which can range from modest for simple wills to significant for complex estates.
- Convenience – being able to prepare the document at home or online.
- Simple circumstances – where the estate and wishes are straightforward, such as leaving everything to a spouse or civil partner.
Persons can use templates, online forms or DIY guides to prepare their own will, or even handwrite a will entirely by themselves, provided the legal requirements are satisfied.
Legal Requirements for Validity
Regardless of who writes the will, it must satisfy clear legal rules:
1. Age and Capacity
The testator must be:
- aged 18 or over; and
- of sound mind and memory at the time of making the will.
2. Formal Execution
To be valid:
- the will must be in writing (typed or handwritten);
- the testator must sign or acknowledge the signature in front of two independent witnesses;
- both witnesses must sign in the presence of the testator.
Witnesses must be adults (18+) and must not be beneficiaries under the will, or spouses/civil partners of beneficiaries, as this can invalidate gifts to them.
Practical Challenges of Writing a Will Without a Lawyer
Risks of Error and Invalidity
Writing a will without professional input carries practical risks:
- Unclear or incorrect wording – ambiguous language can lead to challenges in probate and unintended outcomes.
- Failure to handle specific assets or situations – such as business interests, overseas property, trusts or complex family structures.
- Incorrect witnessing – errors in the signing and witnessing process are a common cause of invalidity.
Mistakes in execution can mean the will is declared invalid by the courts, leading to estate distribution under intestacy rules rather than the testator's intentions.
Professional Review Is Advisable
Even where a will is self‑prepared, many legal advisers recommend having it checked by a solicitor or qualified professional, especially if the estate is anything other than straightforward. This can reduce the risk of disputes and legal challenges after death.
Options Other Than Using a Solicitor
A range of alternatives to traditional solicitor drafting exist, including:
- Online will writing services – platforms that guide users through preparation, often with built‑in checks.
- Will writing templates and kits – printed or downloadable documents with guidance.
- Free or low‑cost services – initiatives such as Free Wills Month provide access to solicitor drafting for eligible individuals.
However, it is important to ensure that any third‑party will writer is reputable and that the resulting document complies with legal standards; will writing services are not themselves regulated in the UK, so quality can vary.
When Professional Help Is Especially Advisable
Professional drafting or review is particularly recommended if:
- the estate includes overseas assets;
- beneficiaries include non‑spouses or complex family arrangements;
- there are potential inheritance tax implications;
- trusts or specialised provisions are needed;
- the testator's intentions are complex or unusual.
In such cases, professional oversight can help ensure the will functions as intended and minimise the risk of costly disputes or legal challenges.
Key Takeaways
In England and Wales, a will can be written without a lawyer. Anyone who is over 18, of sound mind, and able to satisfy strict formal requirements can draft a will, including through DIY templates or online tools. However, because errors can render a will invalid or lead to unintended outcomes, many individuals choose to have their will checked or prepared by a qualified professional-especially where the estate is large, complex, or includes unusual provisions. Ensuring a will is legally valid and clearly expressed helps protect the testator's intentions and avoids unnecessary legal disputes after death.
