How to Make a Legally Valid Will

A will is a fundamental legal document through which an individual sets out their instructions for distributing their money, property and possessions after death. Making a legally valid will ensures your estate is handled according to your wishes and can reduce uncertainty, family disputes or unintended outcomes under the rules of intestacy if you die without a proper will.

This article explains, step by step, how to make a will that is legally valid under the law of England and Wales. It is intended to be accessible to members of the public as well as useful for solicitors and students. It clarifies legal requirements, practical steps, potential risks, and common questions about wills and their execution.

Step 1: Understand the Legal Requirements

A will must meet strict formal requirements to be legally valid in England and Wales. These requirements are largely set out in the Wills Act 1837 and explained in government guidance.

Core Legal Conditions

• Age: You must generally be 18 years or over to make a will.
• Mental Capacity: You must be of sound mind, able to understand the nature of a will and its effect.
• Voluntariness: The will must be made voluntarily without pressure or undue influence from another person.
• Written Document: The will must be in writing (typed or handwritten).
• Signature: You must sign the will, or direct someone to sign on your behalf, in the presence of two independent witnesses.
• Witnesses' Signatures: The two witnesses must also sign the same document in your presence.

Witnesses must be over 18 and must not be named as beneficiaries in the will (or be the spouse/civil partner of a beneficiary). If they are, they lose the right to benefit under the will, even if the rest of the will remains valid.

Step 2: Prepare Your Will Content

Before drafting the will itself, consider carefully what you want it to achieve. Your will should clearly state your intentions and include key provisions:

• Beneficiaries: Who you want to benefit from your estate (individuals or organisations).
• Executors: The person or people you choose to administer your estate and carry out your instructions after your death.
• Assets: A detailed list of your property, bank accounts, investments, personal possessions and any other assets you want to dispose of.
• Guardianship: If you have children under 18, you can name a guardian for them.
• Special Instructions: Funeral wishes, specific gifts, or charity bequests.
• Alternative Plans: What should happen if one or more beneficiaries die before you.

Clear and precise drafting avoids ambiguity that could lead to disputes or challenges later. Ambiguous language can result in parts of a will being contested in the courts.

Step 3: Draft the Will

You have three main options when drafting a will:

1. Use a Solicitor or Qualified Professional

A solicitor experienced in wills and probate can tailor the document to your circumstances and help avoid errors that might make it invalid. This is especially advisable if your estate is complex, if you own property overseas, or if there are family circumstances that could lead to disputes.

2. Use a Will Writing Service or Template

DIY will-writing services or templates can be used for straightforward situations (for example, leaving everything to your spouse). However, be aware that mistakes in execution or drafting can invalidate the will or lead to unintended outcomes.

3. Write the Will Yourself

You can write your own will, but you must still satisfy all the legal requirements for signature and witnessing. If you choose this route, it is strongly recommended to have a solicitor check the will before signing.

Step 4: Signing and Witnessing

The will is not legally valid unless it is signed and witnessed correctly:

• Signing: You must sign the document, or acknowledge your signature in the presence of the witnesses.
• Witnessing: Two independent adults must watch you sign and then sign the will themselves. All signatures should be on the same document.
• Recording: Though not legally required, including the date on your will helps prevent disputes about which version is the most recent.

Government guidance confirms that if changes are made to your will after signing, the revised document must be signed and witnessed in the same formal way.

Step 5: Store Your Will Safely

Once completed, keep the original will document in a secure place where your executors can easily locate it. You can:

• Leave the will with your solicitor.
• Store it at home in a safe place and inform your chosen executors of its location.
• Deposit it with the Probate Service for safekeeping.
• Use a commercial will storage service.

Avoid storing your will in a bank safety deposit box unless the executor has access, because access may require probate authority.

Step 6: Review and Update Regularly

A will should be reviewed periodically and after major life events:

• Marriage or entering a civil partnership (which can revoke a will automatically unless drafted otherwise).
• Birth of children or grandchildren.
• Divorce or dissolution of a civil partnership.
• Purchase of significant assets or changes in financial circumstances.

If changes are needed, a new will should normally be made rather than adding many codicils (formal amendments), although a codicil is valid if signed and witnessed correctly.

Common Legal Risks and Practical Considerations

Errors in Execution

Incorrect signing and witnessing is a common reason wills are found invalid. This can result in the estate being treated as if there is no valid will, with distribution determined by intestacy rules.

Witness Conflicts

If a beneficiary or their spouse/civil partner acts as a witness, they cannot benefit under the will. Independent witnesses reduce the risk of disputes.

DIY Wills and Online Services

Online will-writing services can be legal, but the will must still be printed, signed and witnessed correctly to be valid. Electronic-only wills or documents with digital signatures are not currently valid in England and Wales under traditional law.

Foreign and Mixed Circumstances

Non‑UK residents or people with assets outside England and Wales can make a valid English will, but specialist advice is often necessary to ensure the document does not conflict with overseas wills or legal systems.

Key Takeaways

Making a legally valid will in England and Wales requires careful attention to statutory requirements: you must be over 18, mentally capable, make the will voluntarily, and the document must be signed and properly witnessed in writing. A clear and accurate will reduces the risk of disputes and ensures your estate is distributed according to your wishes. Options include using a solicitor, a will-writing service, or drafting the will yourself, but legal advice is recommended for complex situations. Regular review and safe storage help ensure that your will remains effective and accessible when needed.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.