How to write a will
How to write a will: what it does and why you need one
A will sets out who gets your money, property and belongings when you die. To make a valid will in England and Wales, you must be 18 or over, understand what you are signing, and sign it in front of two independent witnesses.
What happens if you die without a will
Without a will, the law decides who inherits, not you:
- Married or in a civil partnership, no children – your partner inherits everything.
- Married or in a civil partnership, with children – your partner gets your belongings, the first £322,000 and half the rest. Your children share the other half.
- Living together but not married – your partner gets nothing automatically.
- Single, no children – your parents, then brothers and sisters, then other relatives.
- No living relatives – everything goes to the Crown.
What to include in a basic will
A simple will answers three questions: who sorts out your affairs, who looks after your children, and who gets what.
- Executors. The people who sort out your affairs through probate. Choose one to four people you trust.
- Guardians. Name a guardian for any children under 18, or a court decides.
- Specific gifts. Items or sums of money, such as jewellery or £1,000 to a godchild, described clearly.
- Everything else. Who gets what is left after debts, tax and gifts, usually the largest part of your estate.
- Backups. Say who inherits if someone dies before you, or their gift can fail.
- Other wishes. Funeral wishes or pets. Funeral wishes are not binding, so tell your family too.
How to make your will legally valid
The law sets four signing rules. Miss one and the whole will can fail.
- Put it in writing and sign it. Handwritten or typed is fine. Someone can sign for you only if you ask them to and you are there.
- Sign at the end, not at the top or in the margin.
- Sign in front of two witnesses who are both in the room at the same time.
- Both witnesses sign in front of you. They do not need to read the will.
You must also understand what you are doing and make the will freely, without pressure.
Common will-writing mistakes to avoid
Most problems come from small, avoidable slips.
- Marrying after making your will. Getting married or entering a civil partnership cancels your existing will, unless it was written with that marriage in mind.
- Changing it after signing. Unwitnessed crossings-out do not count. Make a new will or a formal add-on (a codicil).
- Vague wording. "My car" or "my savings" may mean something very different by the time you die.
- Forgetting jointly owned property. A home owned as "joint tenants" passes straight to the other owner, whatever your will says.
- Ignoring pensions and life cover. These follow a separate form with your provider, so update it too.
Getting professional help, storing and updating your will
A homemade will can be valid, but mistakes only come to light after you have gone. Professional will writing gives you certainty.
When to get professional advice
- You have a blended family or are leaving out a close relative.
- You own a business, farmland or property abroad.
- Your estate may face inheritance tax (try our calculator).
- You want to leave money in trust.
Storing and updating your will
Keep the signed original somewhere safe and tell your executors where it is. Review it every few years and after big life changes. For decisions during your lifetime, you also need a lasting power of attorney.
How PJH Estate Planning can help
PJH Estate Planning can write your will with you, making sure it is valid, clear and covers everyone you want to protect. We can also store it safely and review it as your life changes. Find out what you could face in your current situation with our free Estate Health Check: 10 quick questions that show any gaps in your plans. You can visit our offices, or we can visit you at home.
Sources
- GOV.UK: Making a will
- Wills Act 1837, section 9: Signing and attestation of wills (legislation.gov.uk)
- GOV.UK: Who inherits if someone dies without a will
General information for England and Wales as at September 2026. Not legal advice.