A will is a legal document that sets out who inherits your money, property and possessions, who looks after your children and who carries out your wishes when you die. Without a valid will, the intestacy rules of England & Wales decide who benefits, which is often not what you would have chosen.
Why you need a will in England & Wales
A will is the only way to make sure your money, property and possessions go to the people and causes you choose. It also lets you name guardians for children under 18, appoint executors you trust and leave clear instructions that spare your family difficult decisions at an already painful time.
Without a will you die intestate, and the intestacy rules of England & Wales decide who inherits. These rules follow a fixed formula. They give no weight to your wishes, your relationships or your family's circumstances, and the results are often not what people expect.
Did you know? Unmarried partners have no automatic right to inherit under the intestacy rules, however long you have lived together. Stepchildren who were never legally adopted are also left out. A will is the simplest way to protect them.
Under the current rules, a surviving spouse or civil partner usually receives personal possessions, the first £322,000 of the estate and half of anything above that, with the rest shared between children. If there is no spouse and no children, the estate passes to parents, then siblings, then more distant relatives. If no qualifying relative can be found, everything can pass to the Crown.
What makes a will legally valid?
For a will to be valid in England & Wales it must meet the requirements of the Wills Act 1837. Getting these details wrong is one of the most common reasons homemade wills fail.
- You must be 18 or over when you make it.
- You must have mental capacity, meaning you understand what a will is, roughly what you own and who might reasonably expect to benefit.
- You must make it voluntarily, free from pressure or undue influence.
- It must be in writing.
- You must sign it in the presence of two independent witnesses, both present at the same time, who then sign it in your presence.
Witnesses, and their spouses or civil partners, must not be beneficiaries. If they are, the will itself usually remains valid but that witness loses their gift. This is an easy mistake to make and a painful one for families to discover.
Types of will we can help with
Single will
For one person, setting out exactly who inherits, who acts as executor and who cares for your children.
Start my willMirror wills
For couples who want almost identical wills, usually leaving everything to each other and then to the children.
Start my willWills with trusts
Including property protection and life interest trusts to protect your share of the home and plan for blended families.
Start trust planningCharitable wills
Leaving gifts to the causes you care about, which can also reduce the inheritance tax payable on your estate.
Plan charitable giftsMany people start with a straightforward single or mirror will. Where your circumstances are more involved, for example a second marriage, children from previous relationships, a business, overseas property or an estate that may be liable to inheritance tax, we can build trust provisions into your will or refer you to a qualified specialist.
What you can include in your will
Our guided online journey walks you through each section in plain English, so nothing important is missed:
- Executors: the people responsible for carrying out your wishes and dealing with your estate.
- Guardians: who will look after any children under 18 if both parents have died.
- Cash gifts: fixed sums of money to family, friends or godchildren.
- Specific gifts: jewellery, heirlooms, vehicles, collections or items of sentimental value.
- Charitable gifts: legacies that support good causes and may reduce inheritance tax.
- The residue: everything left after debts, costs and gifts, and who should share it.
- Funeral wishes: burial or cremation, music, readings, or a simple preference.
- Pets: who should care for them, and whether a gift should help with their upkeep.
- Back-up beneficiaries: what happens if someone you name dies before you.
Keeping your will up to date
A will is not a one-off document. Life changes, and your will should change with it. Two rules catch many families out:
- Marriage or civil partnership revokes an existing will, unless it was made in contemplation of that specific marriage.
- Divorce or dissolution does not cancel your will, but your former spouse is treated as if they had died, so gifts and appointments to them fail.
We recommend reviewing your will every three to five years and after any major life event: a new baby, moving home, a death in the family, separation, inheriting money or starting a business. Small changes can sometimes be made with a codicil, but a new will is usually cleaner and safer.
Storing your will and helping your executors
Your original signed will needs to be kept somewhere safe and your executors need to know where it is. A will that cannot be found may be treated as never having existed. Pair your will with our Executor Toolbox, a secure digital vault that records where your will is kept alongside your accounts, policies and key contacts, so your executors can act quickly and with confidence.
For complete peace of mind, many clients also put Lasting Powers of Attorney in place at the same time. Your will protects your family after you die; LPAs protect you while you are alive. Book a free consultation and we can arrange both together.
Important: This page provides general information about the law in England & Wales only and is not legal, tax or financial advice. Rules, allowances and fees can change. Your circumstances are unique, so please book a consultation for guidance tailored to you. Complex matters are referred to suitably qualified specialists.