Banking

How to Write a Will Without a Solicitor UK — DIY Guide

Step-by-step guide to writing a legally valid will in England and Wales without a solicitor. Covers requirements, witnesses, executors, common mistakes, and when to get professional help.

Writing a will does not have to be expensive. For straightforward estates, a DIY will is perfectly valid — as long as you follow the legal requirements precisely. Here is how to do it correctly.

Requirement Details
In writing Handwritten or typed — both are valid
Signed by the testator The person making the will must sign it
Signed in the presence of two witnesses Both must watch you sign (or acknowledge your signature)
Both witnesses sign in the presence of the testator They sign while you are present
You must be 18 or over Under 18 only in very limited circumstances (active military service)
You must have mental capacity You must understand what a will is, what you own, and who might expect to benefit
The will must be made voluntarily No coercion or undue influence

Witness Rules

Rule Details
Must be 18 or over Under 18 cannot witness
Must not be a beneficiary If a beneficiary witnesses the will, their gift is void (the rest of the will stands)
Must not be married to a beneficiary Same rule — their spouse’s gift would be void
Must be present at the same time Both witnesses should ideally be in the room when you sign
They do not need to read the will They are only witnessing your signature

When a DIY Will Is Suitable

Suitable for DIY Get professional help
Simple estate (property, savings, personal possessions) Business assets or shares in a private company
Leaving everything to spouse then children Blended families (children from different relationships)
No complex tax planning needed Estate likely to exceed IHT threshold (£325,000 + £175,000 residence)
No overseas assets Property or assets in another country
No trusts needed Want to set up trusts for children or disabled beneficiaries
No disputes expected Family disagreements likely
UK property only Agricultural or business property relief

Step-by-Step: Writing Your Will

Step 1: Take Stock of Your Assets

Asset type Examples
Property Your home, buy-to-let properties, overseas property
Savings and investments Bank accounts, ISAs, Premium Bonds, shares
Pensions Note: pensions usually pass via a nomination form, NOT your will
Life insurance Check if written in trust (bypasses estate)
Personal possessions Car, jewellery, furniture, collections
Digital assets Online accounts, cryptocurrency, domain names
Debts Mortgage, loans — these reduce your estate

Step 2: Decide Who Gets What

Decision Considerations
Residuary beneficiary Who gets the bulk of your estate (usually spouse/partner, then children)
Specific gifts Named items or amounts to specific people
Charitable gifts Can reduce IHT if you leave 10%+ to charity
Substitute beneficiaries What happens if a beneficiary dies before you
Gifts to children under 18 Must be held in trust until they reach 18 (or an age you specify, usually 18 or 25)

Step 3: Choose Your Executor(s)

Role Details
What an executor does Manages your estate — collects assets, pays debts, distributes to beneficiaries
How many 1–4, but 2 is recommended
Who to choose Trusted family member or friend who is organised and reliable
Can an executor also be a beneficiary? Yes — this is very common
Professional executor Solicitor or bank — they charge fees (often 1–4% of estate)
What if your executor dies before you? Name a substitute executor

Step 4: Consider Guardians for Children

Detail Information
Needed if You have children under 18
How many Name 1 or 2 guardians
Their role Legal responsibility for your children if both parents die
Must they agree? The appointment only takes effect if both parents have died — tell them and check they are willing
Can be different from financial trustees Yes — you can separate the role of caring for children from managing their money

Step 5: Write the Will

A will should contain:

Section What to include
Opening statement “This is the last will and testament of [Full Name] of [Address]”
Revocation clause “I revoke all previous wills and codicils”
Executor appointment “I appoint [Name, Address] as my executor”
Guardian appointment (if applicable) “I appoint [Name] as guardian of my minor children”
Specific gifts “I leave [item/amount] to [name, address, relationship]”
Residuary estate “I leave the residue of my estate to [name(s)]”
Substitute beneficiaries “If [beneficiary] predeceases me, their share passes to [alternative]”
Signing and witness block Space for your signature, date, and witnesses’ signatures and addresses

Step 6: Sign and Witness

Step Detail
1 Gather your two witnesses (not beneficiaries or their spouses)
2 All three of you must be in the same room
3 You sign the will first while both witnesses watch
4 Each witness then signs and prints their name and address
5 Date the will
6 Do not staple, fold, or attach anything to the will afterwards — any changes may invalidate it

DIY Will Options

Option Cost Pros Cons
Handwritten (holographic) will Free No cost, immediate Easy to make mistakes, harder to read
Printed template (stationery shop) £10–£30 Guided format, structured May not cover your specific situation
Online will service £20–£100 Step-by-step guidance, typically reviewed Limited personalisation
Will-writing software £20–£50 Comprehensive, can save and edit No legal advice included
Solicitor-drafted will £150–£500+ Tailored, professional, legally checked Most expensive option
Free Wills Month (March/October) Free Professional will, no cost Only for age 55+, simple wills only

Common DIY Will Mistakes

Mistake Consequence
Beneficiary witnesses the will Their gift is invalidated (rest of will stands)
Only one witness The will is invalid
Not signed properly The will may be invalid
Vague language (“my stuff”) Disputes about what you meant
Not updating after marriage Marriage automatically revokes a will in England and Wales
Not updating after divorce Divorce removes your ex-spouse as a beneficiary (but check carefully)
Forgetting to revoke previous wills Could cause confusion if multiple wills exist
Not accounting for shared property Joint tenancy property passes automatically by survivorship — regardless of your will
Forgetting pension nominations Pensions do not pass through your will — update nomination forms separately
Storing the will where no one can find it Your executors need to know where it is

When Your Will Needs Updating

Life event Action
Marriage Marriage revokes an existing will — make a new one
Divorce Removes ex-spouse as beneficiary and executor — but make a new will anyway
Birth of a child Update to include the new child
Death of a beneficiary or executor Update to name replacements
Buying or selling property Update if you made specific property gifts
Significant change in wealth Review who gets what
Moving to Scotland or abroad Rules differ — get professional advice

Storing Your Will

Storage option Cost Safe? Notes
Home (fireproof safe) Free / cost of safe Medium Risk of loss in fire, flood, or being thrown away
With your solicitor Often free if they draft it High Contact firm to collect
Bank safe deposit box £20–£200/year High Executor needs access — may need probate first
Will storage company £35–£80 (one-off or annual) High National Will Safe, Iron Mountain, etc.
Probate Registry (deposit) £0 (currently free) Very high Contact HM Courts and Tribunals Service

Always tell your executors where the original will is stored.

Scotland — Key Differences

Feature England and Wales Scotland
Witnesses needed 2 1 (for a self-proving will)
Legal rights of children/spouse Can be challenged under Inheritance Act Children and spouse have automatic “legal rights” to a share of moveable estate — cannot be fully disinherited
Formalities Must be in writing, signed by testator and 2 witnesses Must be in writing, signed by testator and 1 witness

Related guides: