How to Make a Will in the UK
A plain-English, step-by-step guide to making a legally valid Will in England and Wales in 2026 — by Greg Stevens, Castle Family Legal.
Key facts
- 60% of UK adults still have no Will (Will Aid, 2026).
- A Will must be witnessed by two independent adults under the Wills Act 1837.
- Marriage automatically revokes any existing Will in England and Wales.
- Married couples can shield up to £1m from inheritance tax in 2026 with proper planning.
The 8 steps to making a Will
- 1
Take stock of what you own
List your property, savings, investments, pensions, life insurance, business interests and digital assets. Note joint ownership (joint tenants vs tenants in common) — it changes how assets pass on death.
- 2
Decide who inherits what
Choose your beneficiaries — spouse, children, grandchildren, charities. Decide on specific gifts (jewellery, sums of money) and how the residue of your estate is divided. Plan substitutes in case a beneficiary predeceases you.
- 3
Choose your executors and guardians
Pick 1–4 executors you trust to administer the estate. If you have children under 18, appoint guardians. Avoid a single elderly executor — it is one of the most common causes of probate disputes.
- 4
Consider trusts and tax planning
A Property Protection Trust can ring-fence your half of the home so it passes to your children even if the survivor remarries or needs care. Bespoke trusts and the Residence Nil Rate Band can shield up to £1m from inheritance tax for married couples in 2026.
- 5
Draft the Will in plain English
Use clear, unambiguous wording. Include full names and addresses, revoke any earlier Wills, and add a residuary clause so nothing is left undisposed of. This is the step where DIY Wills most often fail.
- 6
Sign and witness it correctly
Under section 9 of the Wills Act 1837, you must sign (or acknowledge your signature) in the presence of two independent adult witnesses who then sign in your presence. Witnesses (or their spouses) must NOT be beneficiaries — they lose their gift if they are.
- 7
Store the original safely and tell your executors
Original signed Wills should be stored in fireproof storage (we offer free secure storage for our clients). Tell your executors where it is. The probate registry will not accept a photocopy.
- 8
Review every 3–5 years and after major life events
Marriage automatically revokes a Will in England and Wales. Divorce, new children, a house move, an inheritance or a significant change in value all warrant a review.
DIY Will vs professional Will
DIY Will kits look cheap on the surface, but around 1 in 5 homemade Wills are invalid because of incorrect witnessing, ambiguous wording or missing residuary clauses. Here is an honest comparison:
| Feature | DIY Will kit | Castle Family Legal |
|---|---|---|
| Legally valid under Wills Act 1837 | Only if witnessed correctly | Yes — guaranteed |
| Tailored to your family circumstances | No — generic template | Yes — bespoke advice |
| Property Protection Trust (ring-fence home) | Not available | Included where appropriate |
| Inheritance tax planning | None | Reviewed and structured |
| Free secure storage of original | Your responsibility | Included |
| Free review every 3 years | Up to you | Included |
| Typical cost | £20–£100 (high failure rate) | From £150 — fixed fee |
Preparation checklist
Bring or have to hand the following before your consultation — it makes the whole process faster:
- Full legal names and addresses of beneficiaries
- Full names of executors (and a substitute)
- Guardians for children under 18
- List of assets: property, savings, pensions, life policies, business interests, digital assets
- How property is owned (joint tenants vs tenants in common)
- Any specific gifts (cash sums, jewellery, heirlooms)
- Charitable gifts (can reduce inheritance tax)
- Funeral wishes (optional but helpful for family)
Frequently asked questions
How much does it cost to make a Will in the UK?
DIY Will kits start around £20 but have a high failure rate. Professional single Wills with Castle Family Legal start at £150, mirror Wills (couples) from £250, and a Will plus Property Protection Trust from £495 — all fixed fee with no hidden costs.
Do I need a solicitor to make a Will?
No — a Will written by a qualified estate planner is just as legally valid as one drafted by a solicitor, often at lower cost. What matters is that it is correctly drafted, witnessed and signed under the Wills Act 1837.
What makes a Will legally valid in England and Wales?
It must be in writing, signed by you (or acknowledged) in the presence of two independent adult witnesses who also sign in your presence. You must be 18+ and of sound mind. Witnesses must not be beneficiaries.
What happens if I die without a Will?
You die 'intestate' and the Rules of Intestacy decide who inherits — not you. Unmarried partners get nothing automatically, and the process is slower and more expensive for your family.
How long does it take to make a Will?
With Castle Family Legal, a typical Will takes one home-visit consultation (about 60–90 minutes), with the signed Will usually ready within 7–10 working days.