Wills FAQs

If you own a home, have savings, or have people you want to look after, then yes. Without a will, the law decides who inherits your estate, and that may not match what you would have wanted.

Your estate is shared out under the intestacy rules, which follow a fixed order of relatives. Unmarried partners have no automatic right to inherit, and the process can be slower, more expensive and more stressful for your family.

We typically turn around a draft will within 7 to 10 working days of your consultation, depending on complexity.

The cost depends on how simple or complex your circumstances are, for example whether you own a business, want to set up trusts or have a blended family. Get in touch and we’ll give you a clear quote before you commit to anything.

A will must be in writing, made by someone aged 18 or over who has the mental capacity to make it, and signed in the presence of two independent witnesses who also sign. Witnesses (and their spouses or civil partners) should not be beneficiaries.

Yes, at any time while you have capacity. Small changes can be made with a formal document called a codicil, but for anything significant a new will is usually safer. Never cross out or write on your existing will, as that can invalidate it.

We recommend reviewing it every three to five years, and after any major life event, such as marriage, divorce, having children, buying or selling a property, or the death of a beneficiary or executor.

Marriage or entering a civil partnership cancels an existing will, unless it was made in expectation of that marriage. Divorce does not cancel the whole will, but your former spouse is treated as though they had died, so they won’t inherit under it. Either way, it is wise to make a new will.

You can, but homemade and online-kit wills are a common cause of disputes. Mistakes in the signing and witnessing, unclear wording, or forgetting to deal with what happens if a beneficiary dies first can all make a will invalid or ineffective.

Choose someone you trust, who is willing and able to do the job: a relative, a friend or a professional. Most people appoint two, and name a replacement in case one can no longer act.

In England and Wales you are generally free to leave your estate to whomever you like. However, certain people, such as a spouse, children or someone financially dependent on you, can bring a claim if they feel they have not been reasonably provided for. Careful drafting and clear reasons can reduce that risk.

Somewhere safe and dry, and make sure your executors know where it is. Ask us about safe-storage options. The original is needed after your death, so a lost will can cause serious delays.

A will is a legal document that sets out who should receive your money, property and belongings when you die, who should deal with your estate (your executors) and, if you have young children, who should look after them (guardians).

There is no difference. “Last will and testament” is simply the traditional full name for a will. The word “last” reflects that a new will normally revokes any earlier ones.

Anyone aged 18 or over who has the mental capacity to understand what they are doing can make a will. Members of the armed forces on active service can make a “privileged will” under 18 and without the usual formalities.

The minimum age is currently 18 in England and Wales. The Law Commission recommended in May 2025 that this should be lowered to 16, but that change is not law unless and until Parliament passes new legislation.

Yes. Without a will your estate passes under the intestacy rules to your parents, then siblings, then more distant relatives, and if there are none it goes to the Crown. A will lets you choose friends, godchildren or charities instead.

Even modest estates benefit from a will. It lets you choose who receives sentimental items, appoint executors you trust, name guardians for children and leave instructions such as funeral wishes. It also makes things simpler for your family.

Yes. A will is about everything you own, not just property. Savings, pensions (via nominations), vehicles, belongings and digital assets all need to go somewhere, and a will also appoints executors and guardians.

Jointly owned assets held as joint tenants usually pass automatically to the survivor, but a will is still important. It covers what happens when the second owner dies, anything in your sole name, and situations where you both die together.

It is particularly important. A will is the only way to appoint legal guardians for children under 18 and to set up a trust so money is managed for them until an age you choose, rather than them inheriting outright at 18.

Once a grant of probate is issued, the will becomes a public document and anyone can order a copy for a small fee. While you are alive, your will is private.

While the person is alive, no. After death, once probate has been granted, anyone can order a copy of the will and grant online from GOV.UK. If no grant has been issued, only the executors are entitled to see it.

A codicil is a separate legal document that adds to or changes part of an existing will. It must be signed and witnessed in the same way as a will. For anything other than small changes, making a new will is usually clearer.

Mirror wills are two separate wills, usually made by a couple, that are almost identical and leave everything to each other and then to the same beneficiaries. Each person can still change their own will at any time.

Mutual wills are made by two people who agree that neither will change their will after the first death. The agreement is legally binding on the survivor. They are rarely recommended now because they are inflexible; trusts usually achieve the same aim more safely.

No. In England and Wales each person needs their own will. Couples commonly make mirror wills, which are two separate documents with matching terms.

A letter of wishes is an informal, non-binding note that sits alongside your will. It can guide your executors or trustees on matters such as how you would like a trust fund used, who should receive personal items, or your funeral preferences.

No. It is guidance only, but trustees and executors usually give it great weight. Because it is private and easy to update, it is useful for things you may want to change often, such as the division of personal belongings.

Your residuary estate (the “residue”) is everything left after debts, funeral costs, taxes, expenses and any specific gifts or cash legacies have been paid. Most people leave the bulk of their estate as residue.

A pecuniary legacy is a gift of a fixed sum of money, for example £5,000 to a niece. It is paid before the residue is shared out.

A specific gift is a particular item or asset, such as a ring, a painting, a car or a named property. If you no longer own it when you die, the gift fails (this is called ademption).

Ademption happens when you leave a specific item in your will but no longer own it when you die. The beneficiary receives nothing in its place unless your will says otherwise.

A gift lapses if the beneficiary dies before you. It then falls into your residue unless your will names a substitute. Gifts to your own children or remoter descendants are an exception: their children can take instead under section 33 of the Wills Act 1837.

Usually the gift fails and goes into the residue, unless your will names a substitute. If the beneficiary was your child or grandchild, their own children normally inherit in their place. A well-drafted will covers this expressly.

A survivorship clause says that a beneficiary must outlive you by a set period, commonly 28 or 30 days, to inherit. It avoids assets passing through two estates in quick succession, for example after a joint accident.

Where it is uncertain who died first, the law presumes the elder died first. This can produce unintended results, so wills usually include survivorship clauses and name back-up beneficiaries.

A beneficiary is a person or organisation that receives something under a will or trust. Beneficiaries can include family, friends, charities, clubs or trusts.

Yes. It is very common, and perfectly lawful, for a beneficiary to be an executor. A beneficiary must not act as a witness to the will, though.

An executor who is not a beneficiary can technically witness a will, but it is better practice to use two completely independent adults as witnesses.

Two adults who are independent, of sound mind and able to see you sign. They must not be beneficiaries or married to or in a civil partnership with a beneficiary, otherwise that person loses their gift. It is safest to avoid close relatives entirely.

The will is still valid, but the gift to that witness (or to their spouse or civil partner) is void, so they will not receive it. The rest of the will stands.

Legally, a relative can witness as long as neither they nor their spouse or civil partner benefits. In practice, independent witnesses are preferred because they reduce the risk of later challenges.

No. Witnesses only confirm that they saw you sign (or acknowledge your signature). They do not need to know what the will says.

Not any more. Temporary rules allowing video witnessing of wills ran from 31 January 2020 to 31 January 2024 and have now ended. Witnesses must again be physically present when you sign.

No. Electronic or digital signatures are not currently valid for wills in England and Wales. The Law Commission has recommended allowing electronic wills in future, but for now wills must be signed in ink on paper.

Not at present in England and Wales. A will must be a physical document signed in wet ink with two witnesses present. Reform has been recommended by the Law Commission but has not yet been made law.

You can sign with a mark such as an “X”, or someone else can sign on your behalf in your presence and at your direction. The will should include a special attestation clause explaining what happened.

Yes. The will must be read to them (or they must otherwise know its contents) before signing, and the attestation clause should record that. Professional help is strongly recommended to prevent later challenges.

Yes. The will can be translated or explained through an interpreter, and the will should record that it was explained. Wills can also be written in Welsh in Wales.

Yes. Wills can be made in Welsh and are fully valid in England and Wales. The Probate Service accepts Welsh-language wills.

No. A handwritten will can be valid if it meets the legal formalities: in writing, signed by you and witnessed by two people present at the same time. Handwritten wills are more prone to errors, though.

Yes, provided it is signed and properly witnessed by two people who were both present when you signed. Unlike some countries, England and Wales does not recognise unwitnessed handwritten wills.

A date is not a legal requirement, but an undated will can cause problems after death because the registry needs to know it is the latest will. Always date your will.

No. There is no requirement to register or stamp a will. You can optionally record it on a private register or store it with a professional or the Probate Service.

No. Any two independent adults can witness it. A professional will writer or solicitor can supervise signing to make sure it is done correctly.

Testamentary capacity means you understand you are making a will, have a broad idea of what you own, understand who might expect to benefit, and are not affected by a mental disorder that distorts your judgement. It comes from the case Banks v Goodfellow.

Possibly. A diagnosis of dementia does not automatically mean someone lacks capacity. If they can meet the legal test at the time, they can make a will, ideally with a doctor’s assessment recorded (the “golden rule”).

The golden rule is that when someone elderly or seriously ill makes a will, a medical practitioner should assess and record their capacity. It is guidance rather than law, but it greatly reduces the risk of a successful challenge.

A statutory will is made by the Court of Protection for someone who lacks the capacity to make their own. An application is usually made by a deputy, attorney or family member.

Undue influence is where someone pressures a person into making a will they would not otherwise have made. It is hard to prove, but a will made under undue influence can be set aside by the court.

Yes. Gifts to UK-registered charities are free of inheritance tax, and leaving at least 10% of your net estate to charity can reduce the inheritance tax rate on the rest from 40% to 36%.

Animals cannot own property, so you cannot leave money directly to a pet. You can leave the pet and a sum of money to a trusted person, or to an animal charity rehoming scheme.

Yes. You can leave gifts to anyone you choose, including friends, neighbours or carers. Simply name them clearly with their full name and address.

Yes. Gifts to grandchildren under 18 are usually held in trust until they reach 18 or an older age you choose. Your will can name trustees to manage this.

Yes. Wills commonly leave gifts to “my children” or “my grandchildren” as a class, which includes those born after the will is made. Careful wording avoids uncertainty.

Yes, but you must name them or define them clearly. Stepchildren are not treated as your children under the intestacy rules or usually under a will that just says “my children”.

Yes. Legally adopted children are treated in exactly the same way as biological children for wills and intestacy.

Yes, but they are not legally binding and the will may not be read until after the funeral. Tell your family your wishes too, or use a separate letter of wishes.

You can record the wish, but it is best to arrange it in advance with a medical school or the Human Tissue Authority’s guidance, as consent forms must be signed during your lifetime.

You can, but the will is usually read too late. In England and Wales there is an “opt-out” system; register your decision on the NHS Organ Donor Register and tell your family.

A professional executor is a solicitor, accountant, bank or trust company appointed to deal with your estate. They charge fees, usually set out in the will, but are useful for complex or contentious estates.

A will writer is a person or company that prepares wills. Will writing is not a reserved legal activity, so choose one who is properly trained, insured and ideally a member of a professional body with a code of practice.

Will writing itself is not a reserved legal activity in England and Wales, so will writers are not all regulated in the same way as solicitors. Many belong to voluntary professional bodies with codes of practice, insurance and complaints procedures.

A will does not expire. It remains valid until it is revoked, replaced, or automatically revoked by marriage or civil partnership. It should still be reviewed regularly so it stays up to date.

A will valid in England and Wales generally stays valid, but local laws may govern property abroad (especially land) and may include forced heirship rules. Take advice where you settle.

Yes, a will validly made in England and Wales is recognised in Scotland. However, Scottish succession law includes “legal rights” for spouses and children over moveable property, which can override the will.

Yes. A will made validly under Scottish law is recognised in England and Wales under the Wills Act 1963.

Yes, if you have capacity. A will writer or solicitor can visit hospitals or hospices. Arrangements for independent witnesses may need to be made in advance.

Yes. Where someone is seriously ill, a simple will can often be drafted and signed within a day or two. Capacity should be checked and recorded at the time.

You can give instructions by phone, video or online, but the final will must still be printed, signed in ink and witnessed by two people physically present.

A trust will is a will that sets up one or more trusts, for example to protect children’s inheritance, provide for a spouse for life, or support a vulnerable beneficiary.

A property protection trust (a form of life interest trust) lets your surviving partner live in or benefit from your share of the home for life, while your share is protected for your chosen beneficiaries, such as your children.

Yes. You can leave your share of your home to your children outright or in trust. Leaving your home to direct descendants may also qualify for the residence nil-rate band for inheritance tax.

Yes, a life interest trust lets your partner live in the home for their lifetime, and on their death your share passes to your children. This is common in second marriages and blended families.

Think about who depends on you, who you want to help and any charities you care about. It is also wise to name back-up beneficiaries in case your first choices die before you.

Yes. You are free to leave different amounts to different children. Explaining your reasons in a letter or statement can reduce the risk of disputes.

Yes, your will can say that gifts you made during your life should be taken into account (sometimes called a hotchpot clause) so each child ends up with a fair share.

Yes. Your will can release a debt owed to you by a family member or friend. Otherwise, your executors must try to recover it for the estate.

Money owed to you forms part of your estate, and your executors can collect it. You can use your will to forgive specific loans if you prefer.

No. Your debts are paid from your estate before anything is distributed. If the estate is insolvent, beneficiaries receive nothing, but family members are not generally liable unless they co-signed or jointly owned the debt.

Not personally. Debts are paid from your estate. Your children only become liable if they were joint borrowers or guarantors.

An estate is insolvent when its debts exceed its assets. Executors must pay creditors in a strict statutory order and should take advice before paying anyone, as they can be personally liable if they get it wrong.

A precatory wish is a request in a will, such as “I would like my daughter to share my jewellery with her sisters”, that is not binding. Clear, binding gifts are generally better.

Be specific enough that items can be identified, such as “my gold wedding ring”. Vague descriptions cause arguments. For many items, a letter of wishes and a gift of chattels to your executors can work well.

Personal chattels are tangible personal belongings such as furniture, jewellery, cars, clothes and household items. Money, business assets and investment property are excluded.

Your personal belongings pass under your will, either as specific gifts or with the residue. Without a will, they pass under the intestacy rules, usually to a spouse or civil partner first.

You can, but it may go to their creditors. A discretionary trust can protect the inheritance so it is not lost to bankruptcy.

You cannot directly control what your child does after inheriting, but leaving their share in a discretionary trust can protect it from divorce claims and future relationships.

You can, but it may affect their means-tested benefits. A discretionary trust can provide for them without the money counting as their capital.

Yes, but a child cannot receive it directly. It is held on trust until they are 18, or later if your will says so. Your executors or named trustees manage it.

By default children inherit at 18. Many parents choose 21 or 25 for larger sums. A trust in your will can set the age and allow trustees to release money earlier for education or housing.

You can, but your spouse may be able to claim under the Inheritance (Provision for Family and Dependants) Act 1975, and courts are generally generous to spouses. Take advice if you plan to leave a spouse out.

A separate document explaining your reasons and hopes, such as why you left unequal shares. It can help executors and may be used as evidence in a dispute.

Yes. There is no required paper or form. What matters is that it is written, signed and witnessed properly.

Do not attach or remove anything from your will, including staples. The Probate Registry may question whether a document was attached and later removed.

Yes, such as reaching a certain age. Conditions that are uncertain, illegal or against public policy, such as restraining marriage in unreasonable ways, may be void.

Yes. A class gift to “my grandchildren” can say whether it includes those born after your death and at what age they inherit.

Yes, but consider whether the values are equal and whether the gifts carry their own share of tax and debts. Precise wording avoids disputes.

By default, inheritance tax on UK assets is paid from the residue, so the residuary beneficiaries bear it. You can state that a gift bears its own tax.

It means inheritance tax on that gift is paid from the residue rather than by the beneficiary. It is the default for most UK gifts.

Yes. Gifts to unincorporated associations can be tricky. Check the organisation’s legal status and name it precisely.

Yes. Churches that are registered charities receive gifts free of inheritance tax.

Yes, through a charitable trust or a gift to an existing charity with a letter of wishes.

A gift to a godchild is treated like any gift to a non-relative. Name them clearly and consider holding it in trust if they are young.

Describe items clearly in the will or use a letter of wishes with a gift of chattels to your executors to distribute. Photographs can help identify items.

Yes. Describe the vehicle or say “any car I own at my death”, so the gift does not fail if you change cars.

You can express a wish, but it is not binding. Discuss it with your family and executors.

A gift for a grave’s maintenance may be limited in time under trust law. Some churches or cemeteries offer arrangements.

Usually around an hour for a straightforward consultation, longer for complex estates.

It is best for family, especially beneficiaries, not to be present when you give instructions, to protect against suggestions of undue influence.

Yes. Your will is confidential while you are alive. Professionals owe you a duty of confidentiality.

Yes. This is the most common arrangement. Your will leaves everything to your spouse, and if they die first, to your children. Consider whether a trust would better protect the children.

A discretionary trust in a will that allows trustees to decide who benefits within two years of death, giving the family flexibility to respond to circumstances at the time.

It remains valid, but may no longer reflect your wishes. It might name people who have died, ignore new grandchildren or miss changes in the law. Review and update it.

Yes. A discretionary or accumulation trust can let trustees pay school fees and university costs for grandchildren.

Yes, and many people do. Consider whether they will be available and able to act in both roles.

It is sensible, as they work together and you can make consistent decisions about who you trust.

Your will remains valid. You cannot make a new will once you lack capacity, but the Court of Protection can authorise a statutory will if necessary.

Yes. You can appoint a digital executor and give instructions for accounts and data, while keeping passwords separately and securely.

You can make one will covering both, drafted to account for Scottish law, or have separate wills. Scottish assets will need confirmation.

Yes. You can still make a will. Assets that vest in your trustee in bankruptcy may not be yours to leave.

Yes, if you have capacity. Arrangements can be made through the prison for a professional to visit and for the will to be witnessed.

Yes. A will speaks from death, so it covers everything you own when you die, including assets acquired later, unless a gift is limited to a specific item.

Their gift is held on trust until they reach 18 or the age your will specifies. Trustees can use it for their benefit in the meantime.

Yes. Consider the relative values and whether you want to equalise shares.

Tell your executors where it is, keep it in secure storage, and register its location with a will register.

Generally yes, if it complies with the law of the place where it was made, or where you were domiciled, habitually resident or a national, under the Wills Act 1963.

If the charity has merged or changed name, the gift may pass to its successor. Otherwise it may fail. A well-drafted will includes a substitution clause.

Yes. A class gift can include descendants born after your death, subject to the perpetuity period.

Yes. Copyright, patents and royalties can be left like other assets, and can continue to generate income for your beneficiaries.

Yes. Gifts to registered animal charities are free of inheritance tax.

You can leave the house to them jointly, but you cannot bind them to keep it forever. Any co-owner can later ask for a sale.

Yes. Your will can skip a generation and leave some or all of your estate to grandchildren, often in trust until they reach a set age.

Yes. You must sign (or acknowledge your signature) in the presence of both witnesses together. Each witness then signs in your presence, although not necessarily in each other’s.

Sign at the end of the will, usually in the space provided above the attestation clause. Your signature should show you intended it to give effect to the will.

It is not a legal requirement, but initialling each page is good practice because it helps show no pages were replaced.

Avoid pencil. Use a permanent pen, ideally black ink, so there is no suggestion the signature or text could have been altered.

Check it has been signed and witnessed properly, keep the original safe and unaltered, give executors a copy or tell them where it is, and diarise a review.

Yes. A will signed abroad can be valid in England and Wales if it meets the formalities of the place of signing or of English law.

It will be invalid. Your estate would pass under an earlier valid will, or under the intestacy rules if there is none.

Yes. If one gift fails, for example because a beneficiary witnessed the will, the rest of the will usually remains valid.

The version of your will prepared for you to check before signing. Read it carefully to make sure names, amounts and wishes are correct.

Yes. You can leave gifts to employees, for example “each person employed by me at my death for at least two years”.

Yes, usually through a trust where trustees pay sums at intervals or when conditions are met.

Yes. You can give someone a right to live there for life or a set period, usually through a trust.

Your will’s residuary clause catches anything not specifically mentioned, so forgotten assets still pass to your residuary beneficiaries.

Yes, but gifts to professionals who cared for you may be scrutinised. Professional rules may also stop them accepting large gifts.

A child under 18 generally cannot make a will, unless they are in the armed forces on active service.

You can revoke a will by making a new will that says it revokes earlier wills, or by deliberately destroying it with the intention of revoking it. Marriage or civil partnership also revokes a will.

Destroying a will with the intention of revoking it does revoke it. But if a copy exists and there is doubt, problems can arise. It is safer to make a new will that expressly revokes old ones.

Do not write on or cross out parts of your signed will. Unwitnessed alterations are generally invalid and can cause the whole will to be questioned. Use a codicil or new will instead.

If the original cannot be found, there is a legal presumption it was destroyed and revoked. A copy may be accepted in some cases, but it requires evidence and often a court application.

Only in limited cases, with a court order and evidence that the original was not intentionally destroyed. This is why keeping the original safe is so important.

There is no compulsory government register. Private registers exist, such as Certainty, the National Will Register, which records where a will is kept. HMCTS also offers a will deposit service.

Search the deceased’s papers, contact their solicitor or bank, search a will register such as Certainty, and check the HMCTS probate records if a grant has been made.

Keep a clearly marked copy at home and the original in secure storage. Make sure your executors know where the original is.

Usually, yes, because properly drafted wills include a revocation clause. Without one, parts of an old will could remain valid where they do not conflict.

Separation alone does not change your will. Your spouse can still inherit until a divorce is finalised. Update your will as soon as you separate.

The Law Commission recommended in May 2025 that marriage should no longer revoke a will, partly to protect against predatory marriage. The Government has not yet legislated, so the current rule still applies.

Predatory marriage is where someone marries a vulnerable person, often with dementia, to benefit from their estate, because marriage revokes a previous will. Reform has been recommended, and LPAs and good planning help protect against it.

Yes, by a codicil or a new will. Physically destroying part of a will is risky and may cause confusion.

A deed of variation lets beneficiaries redirect their inheritance within two years of death. If it includes the right statements, the change can be treated for inheritance tax and capital gains tax as if the deceased made it.

Some banks offer storage, often for a fee. Check the terms and make sure your executors can access it easily after your death.

Your executors locate the original, read it, and use it to apply for probate if required. After the grant it becomes a public document.

Yes. A new will made properly will revoke the old one if it contains a revocation clause. Make sure the old online will is not found and relied on by mistake.

A guardian is a person you appoint in your will to take parental responsibility for your children under 18 if both parents have died or no one with parental responsibility is left.

You appoint a guardian in your will (or a separate signed and dated document). Ask the person first and consider naming a substitute in case they cannot act.

A guardian’s appointment normally takes effect when no parent with parental responsibility survives. If the other parent is still alive and has parental responsibility, the children would usually stay with them.

If your ex has parental responsibility, they would normally remain responsible for the children after your death. You can appoint a guardian, and the family court can decide what is best for the child if there is a dispute.

Not necessarily. Many parents appoint different people as guardians (caring for the children) and trustees (managing the money), which provides checks and balances.

Yes, but consider what happens if they separate. You can appoint them jointly and say who should act if the couple split up or one dies.

Yes, but moving children abroad can be complicated and may need court permission. Consider the effect on schooling, family ties and the children’s wishes.

Guardians are not paid a fee, but your will can set up a trust so trustees can use money to support the children and help with costs such as a larger home or car.

Yes. Update your will or make a codicil. It is worth reviewing guardianship choices every few years as children grow up and circumstances change.

If no one with parental responsibility survives, the family court or local authority decides who will care for them. This can take time and may not reflect your wishes.

Yes. Grandparents are a common choice. Think about their age and health, and name a substitute in case they are unable to act.

It is a private note explaining your hopes for your children’s upbringing, such as education, religion, contact with family and values. It helps guardians honour your wishes.

No. Guardianship under a will only applies to children under 18. For an adult who lacks capacity, a deputy may need to be appointed by the Court of Protection, and a trust can support them financially.