How much does it cost to make a will?

DIY will kits cost £10-£40, while online will services typically charge £90-£150. A solicitor-drafted will usually costs £150-£300 for a single straightforward will, or £200-£500 for a couple. Complex wills involving trusts or business assets cost more. Many solicitors offer free will-writing during certain months for charity schemes.

Can I write my own will without a solicitor?

Yes, you can legally write your own will without professional help. However, mistakes are common and can have serious consequences. If your circumstances are straightforward (no property, simple family situation, no tax concerns), a DIY approach might work. For most people, professional advice is worth the relatively small cost.

What happens to my will if I get married or divorced?

Marriage automatically revokes any existing will unless the will was made in contemplation of that specific marriage. Divorce doesn't revoke your will, but your ex-spouse is treated as if they died on the date of divorce, so gifts to them fail. In both cases, you should make a new will to reflect your changed circumstances.

Can I disinherit my children?

Yes, you can leave your estate to whoever you wish. However, children (and others who were financially dependent on you) can make a claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel inadequate provision was made. Including a clear explanation of your reasons in a letter alongside your will can help defend against such claims.

Complete Guide to Writing a Will in the UK | The Solicitor Directory

Why You Need a Will

A will is a legal document that sets out your wishes for what happens to your money, property, and possessions after you die. Without a will, the law decides who inherits your estate according to intestacy rules, which may not reflect your wishes. This can cause significant distress and financial hardship for those you leave behind.

Making a will is particularly important if you have children, own property, have a partner you're not married to, or want to leave gifts to friends or charities. Unmarried partners have no automatic right to inherit, regardless of how long you've been together. Without a will, they could be left with nothing while distant relatives inherit instead.

A will also allows you to appoint guardians for your children, specify your funeral wishes, and potentially reduce the Inheritance Tax your estate pays. It gives you control over your legacy and provides peace of mind that your loved ones will be provided for according to your wishes.

Legal Requirements for a Valid Will

For a will to be legally valid in England and Wales, it must meet certain requirements. The person making the will (the testator) must be 18 or over and have "testamentary capacity," meaning they understand what a will is, the extent of their estate, and the claims of those who might expect to inherit.

The will must be in writing and signed by the testator in the presence of two witnesses, who must then sign the will themselves. The witnesses must be present at the same time and must not be beneficiaries of the will or married to beneficiaries. If a witness or their spouse is named as a beneficiary, that gift will be invalid, though the rest of the will remains valid.

The testator must make the will voluntarily, without undue influence from others. The will should also clearly revoke any previous wills. While there's no legal requirement for a will to be typed or use specific language, clarity is essential to ensure your wishes are carried out. Ambiguous wording can lead to disputes and potentially expensive court proceedings.

What to Include in Your Will

Your will should clearly identify you and state that you revoke all previous wills. You'll need to appoint at least one executor, who will be responsible for administering your estate. Many people choose a spouse, adult child, or trusted friend, sometimes alongside a professional such as a solicitor.

The main part of your will sets out how you want your estate distributed. You can leave specific gifts (such as jewellery to a particular person or money to charity) and then direct what happens to the "residue" - everything that's left after specific gifts, debts, and expenses are paid. Most people leave the residue to their spouse or children.

If you have children under 18, your will should appoint guardians who will care for them if both parents die. You might also want to include your funeral wishes, though these aren't legally binding. Consider whether you want to create trusts for young beneficiaries, so their inheritance is managed until they reach a suitable age rather than being handed over at 18.

DIY Wills vs Professional Will Writing

You can write your own will using a DIY kit or online service, and for very simple situations this might be sufficient. However, wills are legal documents with significant consequences, and mistakes can be costly or even invalidate the will entirely. Professional advice is strongly recommended for most people.

Common DIY will problems include incorrect witnessing, ambiguous language that leads to disputes, failure to account for all assets, and not considering tax implications. A will that seems clear to you might be interpreted differently by others, leading to family conflict and potential legal action.

A solicitor will ensure your will is properly drafted and executed, taking into account your specific circumstances. They can advise on tax planning, trusts for vulnerable beneficiaries, and how to handle complex situations like blended families or business interests. The cost of professional will writing (typically £150-£500 for a straightforward will) is minimal compared to the cost of sorting out problems caused by a defective will.

Updating and Storing Your Will

Your will should be reviewed regularly and updated when your circumstances change. Major life events that should trigger a review include marriage (which automatically revokes any previous will), divorce, the birth of children or grandchildren, acquiring significant assets, and changes to your named executors or beneficiaries.

You can update your will by making a "codicil" (an amendment) or by making a new will that revokes the old one. For significant changes, a new will is usually clearer and safer. Any changes must be signed and witnessed with the same formality as the original will.

Store your will safely and let your executors know where to find it. Options include keeping it at home in a fireproof safe, with your solicitor, or with the Probate Service's storage facility. Some people keep a copy at home and the original with their solicitor. Never attach anything to your will with staples or pins, as this can raise questions about whether pages have been removed.