A will can be made on any sheet of paper and follow any format, provided it is signed by you and witnessed as required by the law.
But an invalid will, or one with conflicting instructions, could be challenged in court. This can cause family conflict, and inflict the stress and expense of a lawsuit on your loved ones.
We explain how to make a will that's legally-binding, and how much you could expect to pay.
If you're planning to write a will, you can choose whether to do it yourself or seek help from a professional. The right option for you will depend on how complex your affairs are, and how much assistance you're likely to need.
The original version of the will must be signed by you, your witnesses, and free from errors or changes.
The witnesses must watch you sign the will in person. If one of them is out of the room when you sign, your will risks being found invalid.
In England and Wales, you must have two witnesses over 18, while in Scotland, you require one over 16.
Witnesses cannot inherit anything as beneficiaries, although they can be named as executors. If your will leaves anything to a witness, the whole document could be invalid.
If your witnesses can't be there in person - for example, because you're self-isolating - then the will could still be witnessed via video call, thanks to new legislation. However, video-witnessing is not without its risks so we still recommend getting your will witnessed the conventional way wherever possible.
Executors are people that carry out your wishes in accordance with your will.
It's best practice to name more than one executor (or one executor and a substitute). These can be anyone you trust, but it's most common to pick a friend, relative or solicitor.
In most cases (unless your estate is particularly complex) it's best to opt for a friend or family member, as solicitors can charge hundreds or thousands of pounds. If your executor ultimately needs professional help, they can commission probate services.
Executors can inherit from your estate as beneficiaries - except if they're also a witness.
What can executors do?
| What can executors and witnesses do? | Witnesses | Executors | Beneficiaries |
|---|---|---|---|
| Can inherit from your estate? | No | Yes | Yes |
| Can act as your executor? | Yes | Yes | Yes |
| Can witness your will? | Yes | Yes | No |
| Need to be present when will is signed? | Yes | No | No |
| Need to be over 18 in England and Wales? | Yes | Yes | No |
Your will can cover a large scope of situations, from who will inherit your assets to who will look after your children.
Before writing your will, it's worth identifying all the assets you own, as well as any sentimental items you'd like to leave to loved ones. You should also work out arrangements for your children's care, and consider whether you'd like to leave specific instructions for your funeral.
You can find out more in our guide: What to put in your will.
Include a residuary gift
No matter how thorough your will is, there's likely to be part of your estate that isn't accounted for. As such, it should include a 'residuary gift', that sets out who will inherit anything not otherwise given away by the will.
This clause can also be useful if, for example, one of the heirs you name dies before you do.
If the will doesn't have a residuary gift, the remainder of the estate will be divided up according to the laws of intestacy.
Avoid challenges to validity
There should be nothing amended or crossed out in the document that you sign.
If you want to change your will at a later date, you'll need to make a codicil or a new will. A codicil is an additional document setting out any changes you'd like to make, signed and witnessed in the same way as your will (though not necessarily by the same people).
Make sure the instructions you leave are easy to understand and follow, as you won't be around to explain your reasoning.
When putting together the document, don't leave blank spaces, and make sure each page is numbered to prevent anyone tampering with your will.
Whether you go to a solicitor, will writer or bank, simple wills start from about £99 and go up to several hundred pounds.
If you and a spouse or partner want substantively the same wills - known as mirror wills - you'll usually get a discount for writing both at once.
For a more specialist will, such as one that includes trusts, the cost goes up. You could expect to pay a minimum of £500 to £600.
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Whether you go to a solicitor, will writer or bank, simple wills start from about £99 and go up to several hundred pounds.
If you and a spouse or partner want substantively the same wills - known as mirror wills - you'll usually get a discount for writing both at once.
For a more specialist will, such as one that includes trusts, the cost goes up. You could expect to pay a minimum of £500 to £600.
When writing a will, many people choose to take the DIY route rather than seek professional assistance.
That said, if your situation is complex or you have no to little experience in making a will, seeking professional advice and services can be a good idea, as it's very easy to make a mistake that could make your will invalid or ambiguous. You can also opt to write the will yourself and have a professional review it, which will often be for a lesser fee.
Should you decide to make a DIY will, it's crucial that the document is witnessed correctly and includes all major assets.
Using the online will writing service from Which? is a quick and easy way to write your will. With a range of service levels for you to choose from you can write your will in around an hour then get it reviewed by one of our specialist, for extra piece of mind.
This will be the most expensive option, but it could be worth considering using a lawyer if any of the following applies:
In addition to writing the will, a solicitor will usually store it for you.
Solicitors are qualified and regulated, so you or your dependents will be able to seek compensation if problems arise with the will. The regulating bodies depend on where you live:
Expect to pay a few hundred pounds to hire a lawyer to write your will. The exact cost will depend on the complexity of your affairs.
If your estate is quite complex, a good lawyer might be able to help you consider putting assets into trust. The legal fees will probably be higher in these cases, but will trusts could significantly cut your estate's inheritance tax bill.
If you don't want to pay for a solicitor, but would like some guidance, you could consider using a will-writing service.
Not all will-writers are qualified or regulated. Make sure the will-writer you choose is recognised by a regulatory body within the industry, or by a regulated individual, like a solicitor.
Beware free will-writing services, or companies, that name themselves as executors of your will after you pass away. Your estate will generally face steep legal fees down the line when it comes to administering your estate.
Will-writing services start at around £100, and will rise to a few hundred pounds, depending on the complexity of your estate, and the expertise of the company.
It's quite common for banks to offer will-writing services. These services are often under £100, or even free, but you might later find you pay through the nose in hidden charges.
It's particularly important to look for clauses that give the will-writing company the right to administer your estate, and charge fees for doing so.
Even with relatively straightforward estates, you might be charged a high percentage of the estate, perhaps 5% to act as sole or joint executor. These charges will still apply if the estate is very straightforward, or if most of the probate work is done by someone else.
If your bank won't allow you to appoint your own executor within the will writing service, it may be best to look elsewhere.
Once you have made a will, you have to decide where to store it. You have several options, depending on your preference. Whichever you choose, it's vital that it's stored safely and securely. Your executor(s) will need to find it when the time comes, so make sure you tell them where it is.
If you opt for a solicitor, wills storage company or your bank, ask if there are any fees to access the will to make changes, or for the executor after you pass away.
