How to write a valid will in the UK: the rules

By CareFinder Team · Published 2026-06-30 · Last reviewed 2026-09-18

In England and Wales, a valid will must be made by someone aged 18 or over who is of sound mind and acting voluntarily, in writing, and signed in front of two adult witnesses who also sign. Witnesses and their spouses cannot inherit under it. Scotland allows wills from age 12 with one witness, Northern Ireland has its own formalities, and marriage cancels a will except in Scotland.

To make a valid will in England and Wales, you must be 18 or over, of sound mind and acting voluntarily, and the will must be in writing and signed by you in front of two adult witnesses, who then sign it in your presence. Witnesses, and their spouses or civil partners, cannot inherit under the will. Scotland and Northern Ireland have their own rules, and getting married cancels an existing will in England, Wales and Northern Ireland but not in Scotland.

This guide explains what a will should cover, the legal formalities, your options for writing one, and how wills fit with care planning. It is general information; get legal advice if your affairs are not straightforward.

Why make a will?

A will lets you decide who inherits your money, property and possessions, who deals with your estate, and who looks after any children under 18. Without one, the law decides who inherits. Unmarried partners, stepchildren and friends usually receive nothing under the intestacy rules, which is one of the most common reasons families face hardship and disputes.

A will can also help reduce Inheritance Tax, for example by making the most of allowances for a home left to children or grandchildren.

What should a will include?

GOV.UK's guide to writing your will says it should cover:

• who you want to benefit from your will;
• who should look after any children under 18;
• who will sort out your estate and carry out your wishes (your executor);
• what happens if the people you want to benefit die before you.

It is also sensible to include:

• specific gifts of money or possessions;
• who receives the residue, meaning everything left after debts, costs and specific gifts;
• funeral wishes, although these are not legally binding;
• any gifts to charity.

Choosing executors

Executors can be family members, friends, or a professional such as a solicitor. Choose people you trust who are likely to outlive you, and ask them first. Many people name two, or a substitute in case one cannot act. An executor can also inherit under the will.

How do you make a will legally valid in England and Wales?

GOV.UK explains the requirements for a legal will. You must:

1. be 18 or over;
2. make it voluntarily, without pressure from anyone;
3. be of sound mind;
4. make it in writing;
5. sign it in the presence of two witnesses who are both over 18;
6. have it signed by both witnesses, in your presence.

You and your witnesses must sign the same document. Crucially, you cannot leave anything to a witness or their married partner or civil partner, so choose witnesses who will not benefit.

Scotland

In Scotland you can make a will from the age of 12. The will should be signed by you on every page in front of one witness, who signs the last page. Spouses, civil partners and children also have "legal rights" to part of the moveable estate, such as money and shares, whatever the will says. Citizens Advice Scotland's guide to wills in Scotland explains these rules.

Northern Ireland

Northern Ireland has its own formal rules. nidirect's guide to making a will advises using a solicitor because of the legal formalities involved.

What are the options for writing a will?

• DIY will kit: the cheapest option, but easy to get wrong. Mistakes in wording or signing can make a will invalid or unclear.
• Online will service: guided forms, sometimes with a professional check. Suitable for straightforward estates.
• Solicitor or regulated will writer: best for anything complex. Solicitors are regulated and insured.

GOV.UK suggests getting advice if, for example, you share property with someone you are not married to or in a civil partnership with, you own property overseas or a business, you have been married before or have children from a previous relationship, or someone who depends on you needs care.

Some charities run free or low-cost will schemes, often in return for considering a gift in your will, which is optional.

How does Inheritance Tax affect a will?

GOV.UK's Inheritance Tax guide explains the main points:

• There is normally no Inheritance Tax to pay if the estate is below the £325,000 threshold.
• The threshold can rise to £500,000 if you leave your home to children or grandchildren.
• Anything left to a spouse or civil partner is usually tax-free, and any unused threshold can be passed to them.
• Tax is usually charged at 40% above the threshold, reduced to 36% on some assets if you leave at least 10% of the net estate to charity.

Thresholds are set by the government and can change, so check GOV.UK for the current position.

How does a will fit with care planning?

• A will does not protect assets from care fees during your lifetime. Giving money or property away to avoid care costs can be treated as deprivation of assets.
• A will only works after death. To let someone make decisions for you if you lose mental capacity, you need a lasting power of attorney in England and Wales. Scotland and Northern Ireland have their own powers of attorney.
• Wills can protect a surviving partner or vulnerable relative. A solicitor can advise on trusts, for example for a relative who receives means-tested care or benefits.

How do you keep a will up to date?

• Review it every five years and after major life events, such as marriage, divorce, a death in the family or the birth of a grandchild.
• Marriage or civil partnership cancels an existing will in England, Wales and Northern Ireland, unless it was made in anticipation of that marriage. In Scotland, marriage does not cancel a will, but divorce affects gifts to the former spouse.
• You cannot change a signed will by writing on it. Make a formal addition called a codicil, signed and witnessed like a will, or make a new will.
• Tell your executors where the will is kept. In England and Wales you can store it with the Probate Service, a solicitor or a bank.

Frequently asked questions

Can I write my own will?

Yes. A homemade will is valid if it meets the legal formalities. It is best for simple estates; mistakes are common, so consider professional help if your circumstances are complicated.

Can a family member witness my will?

Yes, as long as they are over 18 and do not inherit anything under the will. If a witness or their spouse or civil partner is a beneficiary, their gift will usually fail.

Does my will need to be registered?

No, there is no requirement to register a will in England and Wales, but it is sensible to store it safely and tell your executors where it is.

What happens if my parent has dementia and has no will?

A will can only be made by someone with the mental capacity to understand what they are doing. If your parent has lost capacity, families in England and Wales can ask the Court of Protection to approve a "statutory will". Get legal advice.

Does a will affect care home fees?

No. A will takes effect only on death. Care fees are assessed on the assets your parent owns while alive.

Key takeaways

• In England and Wales, a will must be written, signed and witnessed by two adults who do not benefit.
• Scotland and Northern Ireland have different rules; in Scotland you can make a will from 12 with one witness.
• Marriage cancels an existing will except in Scotland; review your will every five years.
• Use a solicitor if your estate or family circumstances are complex.
• A will does not protect assets from care fees; consider a lasting power of attorney too.