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 what a will is under the law of England and Wales, why making a will is important, how probate works, and the legal requirements for creating a valid will. A clear guide to estate planning, inheritance rules, and protecting your family's future.
A will is one of the most important legal documents a person can create during their lifetime. It sets out what should happen to an individual's money, property, possessions, and other assets after their death. In England and Wales, the law allows individuals to decide who should inherit their estate and who should manage the process of distributing it. This ability is recognised in legislation such as the Wills Act 1837, which establishes the legal framework for making valid wills. Wills Act 1837
Without a valid will, a person's estate is distributed according to statutory rules rather than personal wishes. These rules may not reflect the deceased person's intentions and can create complications for families and dependants.
Understanding how wills work, why they matter, and what legal requirements apply is essential for anyone planning their estate. This guide explains the purpose of a will, the legal rules governing wills in England and Wales, how the process works, and the risks of not making one.
What Is a Will in Law?
A will is a legal document that expresses a person's wishes about how their estate should be managed and distributed after death. The person who makes the will is known as the testator (or testatrix).
A typical will may include instructions such as:
- Who should inherit money, property, or personal belongings
- Who should act as executor to administer the estate
- Guardians for minor children
- Gifts to charities or organisations
- Instructions for dividing assets among beneficiaries
The document only takes effect when the person dies. During their lifetime, the testator can usually amend or revoke the will at any time, provided they have the mental capacity to do so.
The executor named in the will becomes responsible for carrying out the instructions, which usually involves applying for probate, paying debts and taxes, and distributing the remaining estate to beneficiaries.
The Legal Framework for Wills in England and Wales
The primary legislation governing wills is the Wills Act 1837, which remains the foundation of modern succession law in England and Wales.
Under this law, individuals generally have the freedom to decide how their assets will be distributed after death. This principle is known as testamentary freedom. However, the law also sets out strict requirements to ensure that wills are genuine and not created under pressure or fraud.
Additional legislation and legal principles affecting wills include:
- Administration of Justice Act 1982 – amendments to formal requirements for wills
- Family Law Reform Act 1969 – changes to age requirements for making a will
- Inheritance and probate legislation governing estate administration
Together, these rules ensure that wills are properly executed and that estates are administered fairly.
Why Making a Will Is Important
Control Over Your Estate
One of the main purposes of a will is to allow a person to decide who receives their assets after death. This may include property, savings, investments, vehicles, personal items, and business interests.
Without a will, the estate will be distributed according to the rules of intestacy, which follow a strict legal order of inheritance.
Protecting Family Members and Dependants
A will allows individuals to make provision for those who depend on them financially. For example, parents can appoint guardians for children under 18, ensuring that their children will be cared for by someone they trust if both parents die.
Supporting Unmarried Partners
The law in England and Wales does not automatically recognise cohabiting partners as legal heirs. If someone dies without a will, their unmarried partner may receive nothing from the estate unless they bring a legal claim.
A will allows individuals to ensure that partners, stepchildren, friends, or charities are included as beneficiaries.
Appointing Executors
A will allows the testator to choose trusted individuals to act as executors. Executors manage the estate administration process, including:
- Applying for probate
- Collecting assets
- Paying debts and taxes
- Distributing the estate
Without a will, the court must appoint an administrator instead.
Reducing Disputes
Clear instructions in a will can reduce the risk of disputes between family members. When a person dies without leaving clear instructions, disagreements over inheritance are more likely to arise.
What Happens If Someone Dies Without a Will?
When a person dies without a will, they are said to have died intestate.
In such cases, the estate is distributed according to statutory intestacy rules. These rules prioritise close family members in a fixed order, typically:
- Spouse or civil partner
- Children
- Parents
- Siblings
- Extended relatives
Unmarried partners and some other dependants may not inherit automatically.
Intestacy can also cause practical complications, including delays in estate administration and potential legal disputes among relatives.
Legal Requirements for a Valid Will
For a will to be legally valid in England and Wales, it must comply with strict formal requirements set out in legislation.
Key requirements include:
1. The Testator Must Be at Least 18 Years Old
The person making the will must normally be aged 18 or over.
2. Mental Capacity
The testator must understand:
- The nature of making a will
- The value of their estate
- The people who may have a claim to inherit
3. The Will Must Be Made Voluntarily
The will must be created freely, without undue pressure or coercion.
4. The Will Must Be in Writing
The document may be handwritten, typed, or printed.
5. Proper Signing and Witnessing
The will must be signed by the testator in the presence of two witnesses, who must also sign the document in the testator's presence.
Witnesses should not benefit from the will, because doing so may invalidate their inheritance.
Failure to meet these requirements may render the will invalid.
The Role of Executors in a Will
Executors are responsible for administering the estate after the testator dies. Their duties often include:
- Registering the death
- Locating the original will
- Applying for a grant of probate
- Valuing assets and debts
- Paying inheritance tax and other liabilities
- Distributing the estate to beneficiaries
Executors must act in the best interests of the estate and comply with legal and financial obligations during administration.
The Probate Process
When someone dies with a will, the estate normally goes through probate. Probate is the legal process that confirms the will is valid and gives executors authority to administer the estate.
The process usually involves:
- Locating the will
- Valuing the estate
- Paying any inheritance tax due
- Applying to the Probate Registry for a grant of probate
- Collecting assets and paying debts
- Distributing the estate to beneficiaries
The complexity of probate depends on factors such as the value of the estate, the types of assets involved, and whether any disputes arise.
Can a Will Be Challenged?
Although wills generally reflect the wishes of the deceased, they can sometimes be challenged in court.
Common grounds for challenging a will include:
- Lack of mental capacity when the will was made
- Undue influence or coercion
- Failure to comply with legal formalities
- Fraud or forgery
Family members and dependants may also bring claims under inheritance law if they believe the will does not provide reasonable financial provision.
Updating or Changing a Will
A will should be reviewed periodically to ensure it reflects current circumstances.
Common reasons to update a will include:
- Marriage or divorce
- Birth of children or grandchildren
- Buying or selling property
- Significant changes in financial circumstances
- Death of beneficiaries or executors
Changes can be made either by creating a new will or by adding a formal amendment known as a codicil.
Practical Steps to Consider When Making a Will
People considering making a will often take the following steps:
- List all assets and liabilities
- Decide who should inherit the estate
- Choose reliable executors
- Consider guardians for minor children
- Seek professional guidance from a solicitor or will-writing professional if the estate is complex
- Store the will securely and inform executors where it is kept
Although simple wills can sometimes be written without legal assistance, professional advice can help avoid mistakes that may invalidate the document.
Common Questions About Wills
Do you need a solicitor to make a will?
It is possible to write a will without a solicitor, but legal advice can be helpful for complex estates, business assets, or inheritance tax planning.
Can a will be changed after it is made?
Yes. As long as the testator has mental capacity, a will can be amended or replaced.
Does marriage affect a will?
In many cases, marriage automatically revokes an existing will unless it was specifically made in contemplation of that marriage.
Where should a will be stored?
Wills should be kept in a secure location, such as with a solicitor, a professional will storage service, or a safe place at home.
Key Takeaways
A will is a legally binding document that allows individuals to control how their assets are distributed after death. In England and Wales, wills are governed primarily by the Wills Act 1837 and related legislation.
Making a valid will allows individuals to appoint executors, provide for family members, protect unmarried partners, and reduce the likelihood of disputes. Without a will, the estate is distributed according to intestacy rules, which may not reflect the deceased person's wishes.
Creating a clear, legally valid will is an important step in estate planning. Reviewing the document regularly and seeking professional guidance where necessary can help ensure that assets are distributed efficiently and according to personal intentions.
