Do you need a solicitor to make a will?
And if something unexpected happens tomorrow will your last wishes truly be respected? Writing a will may appear to be a simple administrative step, but in truth it’s a meaningful decision that shapes how your legacy is passed on. It involves not only the transfer of your assets but also the emotional impact you leave behind. So, how can you ensure that your wishes will be accurately followed and legally protected? The safest approach is to seek guidance from a qualified will writing solicitor.
Key Takeaway: why consult a solicitor to write a will?
- Legal security: A solicitor ensures your will fully complies with UK law, reducing the risk of it being contested, misinterpreted, or declared invalid.
- Clarity and precision: They help you articulate your wishes clearly, avoiding ambiguity that could create confusion or disputes.
- Handling complex cases: If your estate involves overseas assets, businesses ownership, or a blended family, professional guidance is key to structuring your will thoroughly and fairly.
- Peace of mind for your loved ones: A professionally drafted will helps prevent family disagreements and saves time, stress, and costs during probate.
In the following sections, we’ll explore when a solicitor is most necessary, and whether you can make a will without one.
When do I need a solicitor to write a will?
A common is: do you need a solicitor to make a will? Legally speaking, you are not required to consult a solicitor to write a will. It is entirely possible to write your own will without legal services if your wishes are straightforward, such as leaving a home or savings to a few close relatives.
However, simplicity can be deceptive. If your estate involves complex, elements—such as shared property, foreign assets, a business, or children from different relationships, consulting a solicitor becomes essential. These situations require a tailored legal approach to ensure your will is clear, valid, and enforceable. Without proper guidance, even small mistakes could cause serious issues for your loved ones later.
Overseas assets
Inheritance laws vary by country. If you own a property in Spain, a bank account in France, or any other international assets, a standard UK will might not be sufficient. You’ll need to ensure your wishes are recognised across different legal systems.
A solicitor specialising in wills, trust and estate law can help coordinate international compatibility and ensure your estate is distributed as intended.
Managing or transferring a business
Business succession involves more than distributing shares. If you own a company, a farm, or other business, it’s essential to plan for continuity, designate capable successors, and manage legal responsibilities. Without tailored will writing legal advice, heirs may face disputes, tax liabilities, or burdensome obligations that could threaten the business.
Blended families or multiple heirs
In families with stepchildren, unmarried partners, or children from previous relationships, the law does not always align with personal bonds. Without a professionally drafted will, individuals you consider part of your family could be unintentionally excluded. A solicitor ensures your estate reflects your values and reduces the risk of conflict.
Specific or unusual wishes
If your will includes gifts to charities, the creation of a trust, age-based conditions, or protections for vulnerable individuals, clarity is everything. Poor wording or legal ambiguity can invalidate these provisions. A solicitor ensures your intentions are not only understood—but legally enforceable.
Can you write a will without a solicitor?
A frequently asked question is: can you make a will without a solicitor? In the UK, it is entirely possible to write a will without a solicitor’s help, and it can still be legally valid. However, it must meet specific legal criteria to be recognised by the courts.
To ensure your DIY will writing is accepted, you must follow these rules:
- Written format: Your will must be in writing, handwritten or typed, and must include your signature and the date.
- Proper witnessing: You must sign the will in the presence of two independent witnesses who must also sign in your presence. Witnesses must not be beneficiaries or married to beneficiaries.
- Legal capacity: You must be over 18 and mentally capable of understanding what the will entails and how it distributes your estate.
Can I write my own will?
Many people wonder: can I write my own will? In the UK you are legally allowed to handwrite or type your own will, provided you are over 18 and of sound mind.
One of the main benefits of writing your own will is the ability to set out your wishes without the cost of solicitor fees. It also gives you the freedom to personalise your document based on your unique circumstances and priorities.
However, this approach comes with serious risks. Without proper legal knowledge, it’s easy to make drafting errors, omit key details, or fail to meet the strict witnessing requirements. Such issues can render your will invalid or open it up to legal challenges. In the end, your final wishes might not be honoured.
That’s why consulting a will writing solicitor remains the safest option, particularly if your estate or family situation is complex.
Local solicitor or specialist solicitor: what’s the difference?
If you choose to seek professional help, another question arises: do I need a solicitor near me to make a will? In the UK, you can consult any qualified will writing solicitor, regardless of their location. There’s no legal requirement to work with someone locally.
That said, choosing a solicitor familiar with your region’s legal and property landscape can be beneficial, particularly if your estate includes real estate or other assets subject to local rules. A local solicitor may also provide more tailored advice on regional inheritance practices.
If you live abroad or hold assets in more than one country, it is wise to consult a solicitor who understands cross-border estate planning and the inheritance laws of both your country of residence and the UK.
What are common mistakes to avoid in a will?
Whether you write your will independently or with the support of a will writing solicitor, there are frequent pitfalls that can compromise the validity or make its execution difficult.
Here are key mistakes to avoid:
- Not updating your will after a major event: Events like marriage, divorce, the birth of a child, or the death of a family member can change your personal and financial landscape. An outdated will may no longer reflect your current wishes or overlook new heirs.
- Failing to specify asset distribution clearly: Simply naming beneficiaries isn’t enough; you must also clearly state what each person will receive, especially for high-value assets or property. Vague instructions often lead to confusion or legal disputes.
- Overlooking legal formalities: In the UK, your will must be signed in the presence of two independent adult witnesses who are not beneficiaries. Even a minor procedural error can invalidate the entire document.
- Using unclear or incomplete language: Ambiguity, such as failing to name an executor or being too general about bequests, can cause delays, misinterpretations, or even challenges to your will.
FAQs
- Can a solicitor keep my will?
Yes, a solicitor can securely store your will safe and ensure it is accessible and respected when the time comes. This reduces the risk of loss or disputes.
- What’s the difference between a solicitor and a notary for a will?
A solicitor assists with the legal structuring and clarity of your wishes through expert will writing, while a notary is primarily responsible for certifying documents. In complex cases, both may play a role.
- Can a solicitor intervene after death?
Yes, a solicitor can support the executors and beneficiaries with interpreting the will, handling probate, resolving disputes, and managing estate distribution.
- Is a will written with a solicitor harder to contest?
Often, yes. A professionally written will is typically more precise, reducing ambiguity and the chances of successful legal challenges—particularly with sensitive or complex instructions.
- Can I consult a solicitor just to review a will I’ve already written?
Absolutely. Even if you’ve drafted your own will, a solicitor can review it to ensure legal compliance, correct errors, and strengthen its validity.
Whether or not you need a solicitor to make a will depends largely on the complexity of your estate and your personal circumstances. If your affairs are simple, you can write your will on your own. However, when doubts arise, about legal validity, wording, or special provisions, it is highly advisable to consult a solicitor.
Make your wishes legally unbreakable!
Qredible’s network of trusted will writing solicitors is here to guide you—whether you’re writing your first will or reviewing an old one.
KEY TAKEAWAYS
- You can write a will yourself, but even small legal mistakes may cause serious consequences. Consulting a solicitor guarantees your will meets all legal requirements and avoids ambiguity.
- For complex estates, overseas assets, or blended families, legal advice is strongly recommended.
- A solicitor-drafted will reduces the risk of disputes and ensures your intentions are fully respected.
Articles Sources
- gov.uk - https://www.gov.uk/make-will
- citizensadvice.org.uk - https://www.citizensadvice.org.uk/family/death-and-wills/wills/
- gov.uk - https://www.gov.uk/wills-probate-inheritance
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