Wills: the complete plain-English guide
A will is the single cheapest thing you can do to protect your family. Here is what it does, what it costs, and how to make sure yours actually works.
The short answer
- A will decides who gets what, who sorts it out, and — if you have children under 18 — who looks after them. Without one, the intestacy rules decide instead, and they ignore unmarried partners completely.
- A straightforward will costs about £150–£400 from a solicitor or regulated will-writer, £250–£600 for a couple's mirror wills, or from around £90 online.
- To be valid in England & Wales it must be in writing, signed by you, and witnessed by two people who are not beneficiaries and are not married to a beneficiary.
- Marriage revokes an existing will. Divorce does not — it just treats your ex as having died first. Both are moments to redo it.
- A will is also where inheritance tax and care-fee planning actually happen: the £175,000 residence allowance depends on your home passing to direct descendants, and a property protection trust only works if it is written into the will.
What's on this page
What does a will actually do?#
A will is a legal document that says what happens to everything you own when you die. It does four jobs, and most people only think about the first one.
- It decides who inherits
- Your money, your home, your possessions, and anything else you own — down to specific items if you want.
- It appoints executors
- The people who deal with the paperwork, pay any tax, and hand out what you left. Without a will, the law decides who has the right to do this, and it may not be who you would have picked.
- It names guardians for children under 18
- This is the reason young parents write wills. Without it, if both parents die, the courts decide who raises your children.
- It sets up any trusts you need
- A property protection trust, a trust for a disabled beneficiary, or a trust that holds money until a child is old enough. These only exist if the will creates them.
What happens if you don't make a will?#
The intestacy rules take over. They are a fixed order of priority written by Parliament, and they are stricter than most people assume.
- An unmarried partner inherits nothing. It does not matter if you lived together for thirty years or share a mortgage. They would have to bring a court claim to get anything at all.
- A spouse does not automatically get everything. If you have children, your husband, wife or civil partner receives your personal possessions, the first £322,000, and half of whatever is left. The other half is split between your children.
- Stepchildren inherit nothing unless you legally adopted them.
- If nobody qualifies, the Crown takes it. This happens to more estates each year than you would expect.
A surviving spouse takes the personal possessions plus a £322,000 statutory legacy before anything is shared with children. Above that, half goes to the spouse and half to the children.
What makes a will legally valid?#
The requirements in England & Wales come from the Wills Act 1837, and they are short. Your will must be:
- In writing. Typed or handwritten, both are fine. A video or voice recording is not a will.
- Signed by you, or by someone else in your presence and at your direction if you physically cannot sign.
- Witnessed by two people who are both present when you sign, and who then sign themselves.
- Made voluntarily, while you have the mental capacity to understand what you are doing.
A witness — or a witness's husband, wife or civil partner — cannot inherit anything under the will. The will stays valid, but their gift is void. Never ask a beneficiary or their spouse to witness. Neighbours and colleagues are ideal.
How much does a will cost?#
Prices vary more than they should, mostly because the label "will writer" is not protected. Typical UK ranges:
| Route | Typical cost | Best for |
|---|---|---|
| DIY / shop-bought kit | £10–£30 | Very simple estates, no property complications |
| Online will service | From £90 | Straightforward wishes, want a human check |
| Solicitor or regulated will-writer — single will | £150–£400 | Most people |
| Mirror wills for a couple | £250–£600 | Couples leaving everything to each other, then children |
| Will containing a trust | £500–£2,000 | Care-fee planning, second marriages, vulnerable beneficiaries |
Our full breakdown of what a will costs and what you get for the money covers when the cheap option is genuinely fine and when it is a false economy. There are also legitimate ways to get a will free, including Free Wills Month and Will Aid.
Should you use a solicitor or do it yourself?#
Honestly: a lot of people do not need a solicitor. If you are single or married, own one home, want everything to go to your partner and then your children, and nobody in the picture is vulnerable, a good online service will do the job.
You should pay for professional advice if any of these apply:
- You have been married before, or you have stepchildren, or your children are from different relationships.
- You own a business, farmland, or property abroad.
- Your estate is worth more than the allowances — see inheritance tax.
- You want to protect a share of your home from care fees.
- Someone might contest it, or you are deliberately leaving someone out.
- A beneficiary is under 18, disabled, or bad with money.
We compare the routes properly here.
When should you update your will?#
A will is not a one-off. Redo it — or add a formal codicil — when any of these happen:
- You get married. Marriage or civil partnership automatically revokes any existing will unless it was expressly written in expectation of that marriage. People die intestate every year because of this.
- You get divorced. Your ex-spouse is treated as having died before you, which can leave gaps — or leave your estate going somewhere you never intended.
- You have a child or grandchild.
- An executor or beneficiary dies.
- Your estate changes shape — you buy a house, sell a business, or receive an inheritance.
Otherwise, read it through every five years. How to change a will properly explains why you must never write on the original.
Where a will fits with everything else#
A will only takes effect when you die. It does nothing if you are alive but unable to make decisions — that is what a lasting power of attorney is for, and it is the document people most often regret not having.
A will is also the place where tax and care-fee planning actually happens:
- The residence nil-rate band of £175,000 per person only applies if your home passes to direct descendants — which depends on how the will is written.
- A property protection trust that ring-fences half the home from a survivor's care means test has to be created by the will.
- Leaving 10% or more of your net estate to charity cuts the inheritance tax rate on the rest from 40% to 36%.
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Frequently asked questions
Does a will need to be registered anywhere?
No. There is no compulsory register of wills in England & Wales. What matters is that your executors can find the original — a solicitor's strongroom, the National Will Register, or a safe place at home that someone knows about. A photocopy is not enough: if the original cannot be found, the law presumes you destroyed it deliberately.
Can I write my own will by hand?
Yes, a handwritten will is valid if it is signed and properly witnessed. The risk is not the format, it is the wording. Home-made wills fail most often on ambiguous phrasing, gifts that no longer exist, missing residue clauses, or witnesses who turn out to be beneficiaries.
Who should I appoint as executor?
Someone organised, trustworthy and likely to outlive you. You can appoint up to four, and it is sensible to name at least two in case one cannot act. Beneficiaries can be executors — it is very common for a spouse or adult child to do both. Professional executors (a solicitor or bank) charge from the estate, sometimes a percentage of its value, so check the fee basis before naming one.
Can someone challenge my will?
Yes. The main routes are a claim under the Inheritance (Provision for Family and Dependants) Act 1975 by someone who should reasonably have been provided for, or a challenge to validity on grounds of capacity, undue influence or improper execution. If you are leaving out someone who might expect to inherit, get professional advice and leave a signed letter of wishes explaining why — it will not stop a claim, but it helps.
Is a will made in England valid in Scotland?
Generally a will validly made in England & Wales will be recognised, but Scottish succession law is different in important ways — most notably "legal rights", which entitle a spouse and children to a share of the moveable estate regardless of what the will says. If you own property in Scotland or move there, take advice locally.
What is a letter of wishes?
An informal, unsigned note kept with the will. It is not legally binding, but it explains your reasoning to executors and trustees — how you would like a discretionary trust used, why one child received more, funeral preferences. Because it is not part of the will it does not become a public document at probate, which is one reason people use it for sensitive explanations.
This is general information, not legal advice. Everyone's situation is different — speak to a qualified adviser before acting. KeepTheLot is an independent information service covering England & Wales. We are not a law firm.