How to write a will: a step-by-step guide
A will is valid if it is in writing, signed by you and witnessed by two people who do not inherit. Everything else is about making sure it says what you meant.
The short answer
- A will must be in writing, signed by you, and witnessed by two people who are present at the same time and are not beneficiaries.
- Decide four things: who inherits, who your executors are, who guards any children under 18, and what happens if a beneficiary dies before you.
- Never let a beneficiary — or their husband, wife or civil partner — act as a witness. Their gift becomes void.
- Marriage revokes an existing will. Write a new one, or write it "in expectation of marriage".
- Store the original somewhere your executors can find it, and never write on it after signing.
What's on this page
Step 1: List what you own#
Property, savings, investments, pensions, life policies, vehicles, valuables, digital assets. Note what is owned jointly and how — a home held as joint tenants passes automatically to the co-owner and cannot be given away by your will, while a share held as tenants in common can be.
Subtract the mortgage and any debts. That figure tells you whether inheritance tax is a live issue at all.
Step 2: Decide who gets what#
Wills usually deal with gifts in three tiers:
- Specific gifts
- A named item to a named person — a ring, a car, a particular painting.
- Pecuniary legacies
- Fixed sums of money — "£5,000 to my niece Rachel".
- The residue
- Everything left after debts, tax, expenses and the gifts above. This is the important one — most of an estate is usually residue, and a will without a proper residue clause creates a partial intestacy.
Always say what happens if a beneficiary dies before you. A common phrasing gives their share to their own children instead.
Step 3: Choose your executors#
Appoint at least two, plus a replacement. Pick people who are organised, trustworthy and likely to outlive you. Beneficiaries can be executors — a spouse or adult child usually is.
Be wary of appointing a bank or firm as executor in the will itself. Their fees come out of the estate, sometimes as a percentage, and removing them later is difficult. Your executors can always choose to instruct a professional when the time comes.
Step 4: Appoint guardians for children under 18#
If you have young children this is the most important clause in the document. Without it, and if there is no surviving parent with parental responsibility, the courts decide who raises them. Ask the people first, and name a substitute.
Step 5: Consider whether you need a trust#
Most people do not. You might if there is a second marriage, a disabled or vulnerable beneficiary, young children who should not receive a lump sum at 18, or a home you want partly ring-fenced from care fees. See our guide to trusts.
Step 6: Sign and witness it properly#
This is where home-made wills fail. The requirements come from section 9 of the Wills Act 1837:
- You sign the will, or acknowledge your existing signature, in the presence of two witnesses at the same time.
- Each witness then signs in your presence.
- Witnesses must be 18 or over and able to see what is happening.
- Ideally add a standard attestation clause confirming the formalities were followed.
A witness — or a witness's spouse or civil partner — cannot inherit under the will. The will remains valid but their gift fails completely. Use neighbours, colleagues or friends who are getting nothing. Never your children, and never their partners.
Step 7: Store it and tell someone#
Options: with the solicitor who drafted it, at home in a fireproof box, or through the National Will Register. What matters is that your executors can find the original. If it cannot be found after your death, the law presumes you destroyed it deliberately, and the intestacy rules apply.
No staples, no paperclips, no annotations, no crossings-out. Marks and staple holes raise questions about whether another document was attached and removed. To change anything, make a formal codicil or a new will.
What to include: a checklist#
- Your full name and address, and a statement revoking all previous wills.
- Executors and replacement executors.
- Guardians for children under 18.
- Specific gifts, pecuniary legacies, and the residue.
- Substitution clauses if a beneficiary dies first.
- Any trust provisions.
- Funeral wishes (not binding, but helpful).
- Date, your signature, two witness signatures with names and addresses.
A separate letter of wishes is useful for anything you want to explain but not make public — reasons for an uneven split, guidance to trustees, personal messages. It is not binding and does not become public at probate.
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Frequently asked questions
Can I write my will by hand?
Yes. A handwritten (holographic) will is valid in England & Wales if it is signed and properly witnessed. The format is not the risk — the wording is. Make sure it revokes earlier wills, disposes of the entire residue, and uses names precise enough to identify people and assets beyond argument.
Do I need to have my will signed by a solicitor?
No. A solicitor's involvement is not a legal requirement and does not itself make a will valid — the two witnesses do. What a solicitor adds is drafting that says what you meant, plus attendance notes and a capacity assessment that help defend the will if it is ever challenged.
Can my will be witnessed over video call?
Temporary rules allowing remote witnessing during the pandemic have ended. Witnessing must now be done in person, with both witnesses present at the same time. Check GOV.UK for the current position before relying on anything else.
What if I own property abroad?
Take advice. Some countries apply forced heirship rules that override your will, and an English will may not be effective over foreign land. The usual solution is a separate will in that country, drafted so the two do not accidentally revoke each other — which is exactly the kind of mistake that makes DIY risky here.
Should I include funeral wishes?
You can, but they are not legally binding and wills are often not read until after the funeral. Tell your family directly, and put anything detailed in a letter of wishes stored with the will.
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.
Part of our guide to wills.