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.
Understand who can make a will in England and Wales, the legal age and capacity requirements, the formal execution rules, exceptions for service members, risks of challenge, and considerations for professional legal advice. Essential guidance for the public and solicitors.
A will is a legal document that sets out what should happen to a person's money, property and possessions after they die. It also allows a person to appoint guardians for children under 18 and to choose who will sort out their estate. This article explains clearly who can make a valid will in England and Wales, what legal requirements apply, and what practical steps people and professionals should consider.
Overview of the Legal Framework
In England and Wales, the law governing wills is primarily derived from the Wills Act 1837 and associated case law. This legislation sets out the formal requirements for a valid will and the legal conditions that a person must meet to make one. Although wills are common, the legal requirements are strict: if these formalities are not met, the will can be declared invalid by a court.
Basic Eligibility Criteria
Age Requirement
To make a will in England and Wales, a person must generally be aged 18 or over. This age requirement reflects the age of legal majority and applies to all adults who wish to create a will under normal circumstances.
Exception for Armed Forces and Mariners
Under the Wills Act and related provisions of statute law, a person under 18 may make a valid will if they are serving in the armed forces on active service or are a mariner at sea at the time the will is made. This exception can apply to individuals younger than 18, recognising the risks they may face.
There is no upper age limit to make a will in law: people of any age above the minimum threshold can make a will if they meet the other legal requirements.
Testamentary Capacity – “Sound Mind”
In addition to age, a person must have mental capacity at the time of making the will. Legal capacity in this context means the testator must:
- Understand that they are making a will and intend it to have legal effect after their death.
- Understand the extent of their property and assets.
- Know the people who might reasonably expect to benefit (for example, family and dependants).
- Be aware of the effect of making the particular will at that time.
This legal test derives from case law (notably Banks v Goodfellow), which continues to guide courts on capacity issues. If a person lacks capacity at the time of signing a will, the document may be invalid.
People with dementia, learning disabilities or serious illness may still make a valid will if they meet the legal test for capacity at the time of execution. However, these wills are more likely to be challenged later, so additional safeguards (such as medical evidence) are often advisable.
Voluntariness and Undue Influence
A will must be made voluntarily and without coercion, duress or undue influence. If someone is pressured into making a will in a certain way, that can be grounds for challenge after death.
Practical safeguards – such as preparing the will in private or with independent professional advisers present – can help demonstrate voluntariness and protect against later disputes.
Formal Requirements for Execution
Even if someone is eligible to make a will, the document must comply with strict formal execution requirements:
- Be in writing (typed or handwritten).
- Be signed by the person making the will (the testator).
- The signature must be made in the presence of two independent witnesses who are both over 18.
- Each witness must then sign the will in the presence of the testator.
The witnesses must be physically present when the testator signs. Witnesses should be people who are not beneficiaries under the will and not married or in a civil partnership with someone who is a beneficiary. If a witness or their spouse is mentioned as a beneficiary, the gift to that person may be invalidated, although the rest of the will remains valid.
If changes are made to a will after it has been signed, the alterations generally must be re‑executed with the same formalities.
Practical Examples
- An 18‑year‑old adult with savings and minor possessions can make a will if they understand their estate and intentions.
- A person aged 50 with early‑stage dementia may still make a valid will provided medical evidence and careful documentation show they met the capacity test when signing.
- A 17‑year‑old in active military service may make a valid will under the exception in the Wills Act, whereas a 17‑year‑old civilian cannot.
Should You Use a Solicitor?
The law does not require the use of a solicitor or solicitor to make a will. However, professional advice is recommended when circumstances are complex, such as:
- owning property abroad;
- having business interests;
- multiple family members with potential claims;
- complicated family structures (e.g. blended families);
- intending to reduce inheritance tax liabilities.
A solicitor can help ensure the will is valid, that key issues such as guardianship for children are addressed, and that any risks of dispute are minimised.
Common Risks and Challenges
Even if someone meets the basic eligibility requirements, wills can still be challenged in court. Common grounds for challenge include:
- Lack of capacity at the time of signing.
- Undue influence or coercion.
- Failure to comply with execution formalities.
- Ambiguous wording or omissions that lead to disputes.
Professional preparation and clear documentation reduce these risks.
Key Takeaways
In England and Wales, a person can make a legally valid will if they:
- are aged 18 or over (with statutory exceptions for armed forces or mariners),
- have testamentary capacity,
- make the will voluntarily,
- and observe the formal writing and witnessing requirements set out in law.
Formal legal advice is beneficial, especially in complex situations, but not required by statute. A properly executed will provides certainty about the distribution of a person's estate and can help avoid disputes.
