Estate Planning UK 2026 — Wills, LPA, Probate and Inheritance Tax Guide

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.

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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.

RequirementDetails
In writingHandwritten or typed — both are valid
Signed by the testatorThe person making the will must sign it
Signed in the presence of two witnessesBoth must watch you sign (or acknowledge your signature)
Both witnesses sign in the presence of the testatorThey sign while you are present
You must be 18 or overUnder 18 only in very limited circumstances (active military service)
You must have mental capacityYou must understand what a will is, what you own, and who might expect to benefit
The will must be made voluntarilyNo coercion or undue influence

Witness Rules

RuleDetails
Must be 18 or overUnder 18 cannot witness
Must not be a beneficiaryIf a beneficiary witnesses the will, their gift is void (the rest of the will stands)
Must not be married to a beneficiarySame rule — their spouse’s gift would be void
Must be present at the same timeBoth witnesses should ideally be in the room when you sign
They do not need to read the willThey are only witnessing your signature

When a DIY Will Is Suitable

Suitable for DIYGet professional help
Simple estate (property, savings, personal possessions)Business assets or shares in a private company
Leaving everything to spouse then childrenBlended families (children from different relationships)
No complex tax planning neededEstate likely to exceed IHT threshold (£325,000 + £175,000 residence)
No overseas assetsProperty or assets in another country
No trusts neededWant to set up trusts for children or disabled beneficiaries
No disputes expectedFamily disagreements likely
UK property onlyAgricultural or business property relief

Step-by-Step: Writing Your Will

Step 1: Take Stock of Your Assets

Asset typeExamples
PropertyYour home, buy-to-let properties, overseas property
Savings and investmentsBank accounts, ISAs, Premium Bonds, shares
PensionsNote: pensions usually pass via a nomination form, NOT your will
Life insuranceCheck if written in trust (bypasses estate)
Personal possessionsCar, jewellery, furniture, collections
Digital assetsOnline accounts, cryptocurrency, domain names
DebtsMortgage, loans — these reduce your estate

Step 2: Decide Who Gets What

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

Step 3: Choose Your Executor(s)

RoleDetails
What an executor doesManages your estate — collects assets, pays debts, distributes to beneficiaries
How many1–4, but 2 is recommended
Who to chooseTrusted family member or friend who is organised and reliable
Can an executor also be a beneficiary?Yes — this is very common
Professional executorSolicitor 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

DetailInformation
Needed ifYou have children under 18
How manyName 1 or 2 guardians
Their roleLegal 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 trusteesYes — you can separate the role of caring for children from managing their money

Step 5: Write the Will

A will should contain:

SectionWhat 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 blockSpace for your signature, date, and witnesses’ signatures and addresses

Step 6: Sign and Witness

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

DIY Will Options

OptionCostProsCons
Handwritten (holographic) willFreeNo cost, immediateEasy to make mistakes, harder to read
Printed template (stationery shop)£10–£30Guided format, structuredMay not cover your specific situation
Online will service£20–£100Step-by-step guidance, typically reviewedLimited personalisation
Will-writing software£20–£50Comprehensive, can save and editNo legal advice included
Solicitor-drafted will£150–£500+Tailored, professional, legally checkedMost expensive option
Free Wills Month (March/October)FreeProfessional will, no costOnly for age 55+, simple wills only

Common DIY Will Mistakes

MistakeConsequence
Beneficiary witnesses the willTheir gift is invalidated (rest of will stands)
Only one witnessThe will is invalid
Not signed properlyThe will may be invalid
Vague language (“my stuff”)Disputes about what you meant
Not updating after marriageMarriage automatically revokes a will in England and Wales
Not updating after divorceDivorce removes your ex-spouse as a beneficiary (but check carefully)
Forgetting to revoke previous willsCould cause confusion if multiple wills exist
Not accounting for shared propertyJoint tenancy property passes automatically by survivorship — regardless of your will
Forgetting pension nominationsPensions do not pass through your will — update nomination forms separately
Storing the will where no one can find itYour executors need to know where it is

When Your Will Needs Updating

Life eventAction
MarriageMarriage revokes an existing will — make a new one
DivorceRemoves ex-spouse as beneficiary and executor — but make a new will anyway
Birth of a childUpdate to include the new child
Death of a beneficiary or executorUpdate to name replacements
Buying or selling propertyUpdate if you made specific property gifts
Significant change in wealthReview who gets what
Moving to Scotland or abroadRules differ — get professional advice

Storing Your Will

Storage optionCostSafe?Notes
Home (fireproof safe)Free / cost of safeMediumRisk of loss in fire, flood, or being thrown away
With your solicitorOften free if they draft itHighContact firm to collect
Bank safe deposit box£20–£200/yearHighExecutor needs access — may need probate first
Will storage company£35–£80 (one-off or annual)HighNational Will Safe, Iron Mountain, etc.
Probate Registry (deposit)£0 (currently free)Very highContact HM Courts and Tribunals Service

Always tell your executors where the original will is stored.

Scotland — Key Differences

FeatureEngland and WalesScotland
Witnesses needed21 (for a self-proving will)
Legal rights of children/spouseCan be challenged under Inheritance ActChildren and spouse have automatic “legal rights” to a share of moveable estate — cannot be fully disinherited
FormalitiesMust be in writing, signed by testator and 2 witnessesMust be in writing, signed by testator and 1 witness

Related guides:

Sources

  1. GOV.UK — Making a will