How to Make a Will in the UK 2026: Complete Guide

Making a will in the UK is one of the most important legal steps you can take to protect your loved ones and ensure your assets are distributed according to your wishes. Despite this, nearly 60% of UK adults do not have a valid will in place, leaving their estates subject to intestacy rules that may not reflect their intentions. This comprehensive guide walks you through everything you need to know about making a will in 2026.

Why Making a Will is Essential

Without a will, your estate is distributed under the Rules of Intestacy, which follow a strict legal hierarchy that may not align with your wishes. For example, unmarried partners — regardless of how long you have been together — receive nothing under intestacy rules. Your estate would instead pass to blood relatives, potentially leaving your partner in a very difficult financial position.

A valid will allows you to:

Choose your beneficiaries — decide who receives your money, property, and possessions
Appoint guardians for any children under 18
Select executors to manage your estate after you die
Reduce inheritance tax through careful planning
Leave gifts to charity, which can also reduce your tax liability
Specify funeral wishes and any other personal instructions

Who Can Make a Will in the UK

To make a legally valid will in England and Wales, you must:

Be at least 18 years old (exceptions apply for members of the armed forces)
Be of sound mind — legally known as having “testamentary capacity”
Make the will voluntarily, without undue influence from others

In Scotland, the rules differ slightly. Children and young people aged 12 and over can make a will if they have legal capacity. Scottish law also provides “prior rights” and “legal rights” that cannot be overridden by a will, protecting spouses and children’s entitlements.

How to Write a Valid Will: Step-by-Step

Creating a legally valid will involves several key requirements. Follow these steps carefully:

Step 1: Take stock of your assets and liabilities List everything you own — property, savings, investments, pension death benefits, jewellery, vehicles, digital assets, and any business interests. Also note your debts, mortgages, and liabilities. For a broader overview of protecting everything you have built, read our guide on how to protect your assets legally.

Step 2: Decide on your beneficiaries Identify who you want to inherit your estate. Be specific with full names and relationships to avoid ambiguity.

Step 3: Choose your executors Executors are legally responsible for carrying out your wishes. You can appoint up to four, though two is typical. Choose people you trust who are capable of handling administrative and financial tasks.

Step 4: Appoint guardians if you have children If you have children under 18, nominate guardians who would care for them if both parents died. Discuss this with the intended guardians before naming them.

Step 5: Write or commission the will You can write the will yourself, use an online will-writing service, or instruct a solicitor. The document must be clear and unambiguous.

Step 6: Sign the will correctly You must sign the will in the presence of two independent witnesses who are both present at the same time. Witnesses must not be beneficiaries or married to beneficiaries, as this would invalidate their gift.

Step 7: Store your will safely Keep the original will somewhere secure — a solicitor’s safe, a bank, or the National Will Register. Tell your executors where to find it.

Options for Making Your Will

Method	Cost	Pros	Cons
DIY Will Kit	£10–£30	Cheapest option	High risk of errors
Online Will Service	£50–£150	Convenient, guided	May miss complex issues
Will-Writing Service	£100–£300	More personalised	Not always regulated
Solicitor	£150–£500+	Expert advice, legally secure	Most expensive option

For straightforward estates, an online service such as Farewill, Saga, or Which? Wills can be perfectly adequate. For complex situations — second marriages, business ownership, trusts, or significant assets — instructing a solicitor is strongly recommended.

Inheritance Tax Planning and Wills

As of 2026, the inheritance tax (IHT) threshold in the UK remains at £325,000 (the nil-rate band). Anything above this is taxed at 40%. However, several exemptions and reliefs can significantly reduce your bill:

Residence Nil-Rate Band (RNRB): Up to £175,000 extra allowance when leaving your main home to direct descendants
Spouse/Civil Partner Exemption: Transfers between spouses are completely exempt from IHT
Charity Relief: Leaving 10% or more of your estate to charity reduces the IHT rate to 36%
Annual Gift Allowance: You can give away £3,000 per year free of IHT
Business and Agricultural Relief: Can reduce IHT on qualifying business assets

Careful will drafting with IHT planning in mind can save your beneficiaries tens of thousands of pounds. If your estate includes property, it is also worth reviewing the best cities to buy property in the UK 2026 to understand current property values when estimating your estate.

Common Mistakes to Avoid

Many wills are contested or fail to achieve their purpose due to avoidable errors:

Failing to update your will after major life events (marriage, divorce, birth of children)
Incorrect witnessing — witnesses must be present simultaneously and must not be beneficiaries
Vague language — unclear terms can lead to disputes and legal challenges
Not accounting for digital assets — email accounts, cryptocurrency, online businesses, and social media
Forgetting pension nominations — pension death benefits are separate from your estate and require a separate nomination form
Not considering guardianship for minor children

Note: Getting married automatically revokes a previous will in England and Wales. Divorce does not revoke a will but does remove gifts to an ex-spouse. Always review your will after any major life change.

Updating and Storing Your Will

Your will should be reviewed every three to five years and updated after any significant life event. You can update a will by:

Adding a codicil — a formal amendment that is signed and witnessed in the same way as the original will
Writing a new will — which automatically revokes all previous wills (the preferred approach to avoid confusion)

Store your will safely and ensure your executors know where to find it. Consider registering it with the National Will Register (Certainty) for a small fee, giving solicitors and loved ones the ability to locate it when needed.

Frequently Asked Questions

Q: Do I need a solicitor to make a will in the UK?

A: No, you are not legally required to use a solicitor. You can write your own will or use an online service. However, for complex estates or family situations, professional legal advice is strongly recommended to ensure your will is valid and achieves your goals.

Q: How much does it cost to make a will in the UK in 2026?

A: Costs vary from around £10 for a DIY kit to over £500 for complex solicitor-drafted wills. Online will services typically charge £50–£150 for a single will or £100–£250 for mirror wills for couples.

Q: Can I make a will online in the UK?

A: Yes. Several reputable online will-writing services operate in the UK, including Farewill, Saga Legal Services, and Which? Wills. These are suitable for straightforward estates but may not be appropriate for complex situations.

Q: What happens if I die without a will in the UK?

A: Your estate is distributed according to the Rules of Intestacy. In England and Wales, this means your spouse/civil partner and blood relatives inherit according to a set hierarchy. Unmarried partners, friends, and charities receive nothing unless named in a valid will.

Q: Can I change my will after I have made it?

A: Yes. You can update your will at any time while you have mental capacity. You can add a codicil (a formal amendment) or write an entirely new will, which should clearly state it revokes all previous wills.

Q: What makes a will legally invalid in the UK?

A: Common reasons a will may be invalid include: not being signed in front of two witnesses present simultaneously; witnesses being beneficiaries; the testator lacking mental capacity at the time of signing; evidence of undue influence or fraud; or the will not being in writing.

Q: Are handwritten wills legal in the UK?

A: Yes, a handwritten (holographic) will is legal in England and Wales as long as it meets all the formal requirements — signed by the testator in the presence of two independent witnesses who also sign. However, handwritten wills carry a higher risk of challenge or ambiguity.

Q: How long does probate take after someone dies in the UK?

A: Probate typically takes between six months and one year, though complex estates or those subject to IHT investigations can take longer. Applying for probate yourself (without a solicitor) is possible and can save money, but is more time-consuming.