Making a will is one of the most important things you can do for your family — yet an estimated 54% of UK adults have not made one. Without a will, the law decides who inherits your assets, and the outcome may be very different from what you would have wanted. This guide covers everything you need to know about wills, powers of attorney, and basic estate planning in the UK.
Why You Need a Will
A will ensures your assets go to the people you choose, in the way you choose. Without one, intestacy rules apply — and these can produce harsh outcomes:
Intestacy Rules in England & Wales
| Your Situation | Who Inherits Under Intestacy |
|---|---|
| Married/civil partner, no children | Spouse gets everything |
| Married/civil partner with children | Spouse gets personal possessions + first £322,000 + half the remainder. Children share the other half equally |
| Unmarried partner, no children | Partner gets nothing. Parents inherit, or siblings if no parents |
| Unmarried partner with children | Partner gets nothing. Children inherit everything |
| Single, no children | Parents inherit. If no parents, siblings, then half-siblings, then grandparents, then aunts/uncles, then the Crown |
The most critical point: unmarried partners inherit nothing under intestacy, regardless of how long you have lived together. Cohabiting couples have no automatic rights — only a valid will can protect a non-married partner.
A will also allows you to:
- Appoint guardians for your children under 18
- Specify who looks after your finances as executor
- Make gifts to specific people, charities, or organisations
- Plan for Inheritance Tax efficiency
- Record funeral wishes so your family knows your preferences
How to Make a Valid Will in England & Wales
For a will to be legally valid, it must meet these requirements:
- You must be 18 or over (exceptions exist for military personnel)
- You must have testamentary capacity — you understand what a will is, what you own, and who might expect to benefit
- The will must be in writing (typed or handwritten)
- You must sign it (or direct someone to sign on your behalf) in the presence of two witnesses
- Both witnesses must sign the will in your presence — witnesses (and their spouses/civil partners) cannot be beneficiaries
Key Elements of a Will
- Executor(s) — the person(s) responsible for carrying out your wishes. Choose someone trustworthy and organised. You can appoint a solicitor, but they will charge fees.
- Guardians — if you have children under 18, your will should name who will care for them if both parents die.
- Specific gifts (legacies) — particular items or sums of money to named individuals (e.g. “my watch to my brother” or “£5,000 to my niece”).
- Residuary estate — everything that remains after debts, expenses, and specific gifts. This usually goes to your main beneficiaries.
- Funeral wishes — while not legally binding, recording your preferences helps your family during a difficult time.
DIY vs Solicitor vs Online Will Services
| Option | Typical Cost | Pros | Cons |
|---|---|---|---|
| DIY will kit | £10–£30 | Cheap, immediate | High risk of errors; easy to invalidate |
| Online will service | £90–£150 | Guided process, relatively affordable | Less tailored; may not cover complex situations |
| Solicitor | £150–£500+ | Professional advice, covers complex estates, trusts | More expensive; need to find a good solicitor |
For straightforward estates (everything to spouse, then children), an online service may be sufficient. For anything involving businesses, property abroad, blended families, trusts, or Inheritance Tax planning, a solicitor is strongly recommended.
Free options: Many solicitors participate in Free Wills Month (March and October) for those aged 55+, and Will Aid (November) offers wills in exchange for a charity donation.
When to Update Your Will
Your will should be reviewed after any major life event:
- Marriage — in England and Wales, marriage automatically revokes any existing will. If you marry and don’t make a new one, you die intestate.
- Divorce — does not revoke the will, but your ex-spouse is treated as having died for the purposes of the will (removed as beneficiary and executor).
- New children or grandchildren — ensure they are provided for.
- Significant change in assets — buying property, receiving an inheritance, or building a pension pot.
- Moving to Scotland — Scottish succession law is materially different (including “legal rights” that cannot be overridden by a will).
- Death of a beneficiary or executor — update to name replacements.
As a general rule, review your will every 3–5 years even if nothing obvious has changed.
Lasting Power of Attorney (LPA)
A Lasting Power of Attorney is arguably as important as a will — it covers you while you are alive but unable to make decisions. There are two types:
Health and Welfare LPA
Covers decisions about medical treatment, care, daily routine, and life-sustaining treatment. Only comes into effect when you lack mental capacity.
Property and Financial Affairs LPA
Covers decisions about your money, property, bills, bank accounts, and investments. Can be used while you still have capacity (with your permission) — useful if you are physically incapacitated.
Each LPA costs £82 to register with the Office of the Public Guardian. Without an LPA, your family would need to apply to the Court of Protection — a slow, expensive, and stressful process that can take months and cost thousands.
Trusts: A Brief Overview
Trusts can be useful tools for estate planning and reducing Inheritance Tax:
- Discretionary trust — trustees decide how and when to distribute assets to beneficiaries. Flexible and useful for IHT planning.
- Bare trust — beneficiary has an absolute right to the assets. Simple and transparent, often used for children.
- Life interest trust — one person (e.g. surviving spouse) has the right to income or use of assets during their lifetime, with the capital passing to other beneficiaries on their death. Common in second-marriage situations.
Trusts can be complex and tax implications vary. Professional advice is essential.
Letter of Wishes
A letter of wishes is a non-binding document that sits alongside your will. It can include:
- Guidance for trustees on how to exercise their discretion
- Preferences for your children’s upbringing
- Reasons behind your decisions
- Details about digital accounts, passwords, and subscriptions
- Sentimental items and who should receive them
While not legally enforceable, executors and trustees generally give a letter of wishes serious consideration.
Probate: What Happens After Death
When someone dies, their estate usually goes through probate — the legal process of administering the estate:
- Value the estate and complete Inheritance Tax forms (even if no IHT is due)
- Apply for a Grant of Probate (if there is a will) or a Grant of Letters of Administration (if there is no will)
- Pay any Inheritance Tax — IHT on property can sometimes be paid in instalments over 10 years
- Collect assets, pay debts and expenses, and distribute the estate according to the will or intestacy rules
Probate typically takes 6–12 months, though complex estates can take longer. Having a clear, up-to-date will with an organised life insurance policy written in trust (which bypasses probate entirely) makes the process significantly easier for your family.
Next Steps
- Make a will — if you don’t have one, this is the single most important action
- Set up LPAs — both Health & Welfare and Property & Financial Affairs
- Review your pension nominations — pension death benefits are usually outside your will
- Consider life insurance in trust — provides immediate funds for your family without waiting for probate
- Write a letter of wishes — especially if you have young children or complex family circumstances
- Review every 3–5 years — or after any major life event