How to make a will in the UK: checklist, costs & options

Imagine your life’s work, treasured possessions, and hard-earned savings ending up with people you never intended, while those you love most receive nothing. This isn’t a hypothetical scenario but the stark reality when someone dies without a will writing arrangement. Without a valid will, the law decides who inherits your estate, which can exclude unmarried partners, stepchildren, and close friends, and trigger costly delays or family disputes. Whether you’re building your first home or enjoying retirement, making a will isn’t just prudent, it’s essential protection for those who matter most. Before making a will checklist, consult with a qualified wills and probate solicitor with experience in estate planning for tailored guidance.

Read on to discover how proper will writing can protect your loved ones from the hidden dangers of intestacy.

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How to make a will: A practical guide

To shield your loved ones from the intestacy pitfalls we’ve explored, making a will is your most powerful protective measure and surprisingly straightforward to accomplish:

• Key decisions: Before will writing, determine what assets you own (property, savings, investments, possessions), who should inherit them, who will execute your will (typically 1-2 trusted individuals), and who should be guardians for minor children.
• Legal requirements: For a valid will in the UK, you must be 18+ and of sound mind, create it voluntarily, put it in writing, sign it in the presence of two witnesses, and have those witnesses sign it (witnesses cannot be beneficiaries or their spouses).
• Step-by-step checklist: Follow this making a will checklist: list assets and liabilities, decide on beneficiaries, choose executors, select guardians for children, consider funeral wishes, get your will properly signed and witnessed, store it safely, and review it every 3-5 years.

Choosing the right type of will

Selecting the appropriate will structure ensures your unique circumstances are properly addressed while avoiding unnecessary complexity or expense:

• Simple wills: Most individuals benefit from a standard will that directs assets to specific beneficiaries. This straightforward option is ideal for uncomplicated situations and typically costs £100-£200 through a solicitor or much less as a DIY will.
• Mirror wills: Couples with similar wishes often choose near-identical wills leaving everything to each other first, then to the same beneficiaries (typically children). While convenient and cost-effective, they lack protection if the surviving partner changes their will after inheriting.
• Trust wills: These incorporate legal arrangements to protect assets in specific situations: providing for vulnerable beneficiaries, shielding property from care fees, managing complex family structures, or offering tax advantages. Though more expensive (£500-£800), they provide solutions that simple wills cannot.
• Which type for you? Consider a simple will for straightforward situations, mirror wills for couples with matching wishes, and trust wills for blended families, business owners, or those concerned about care fees. Estate value and family complexity should guide your choice.

Can I write my own will?

Creating your own will without professional assistance is legally permitted in the UK, and can be an affordable starting point for those with straightforward circumstances:

• When DIY works: A DIY will can be appropriate if you have a simple estate (primarily cash and personal possessions), straightforward family relationships, and clear wishes. Using a will kit from high street retailers, the Post Office will kit, or online services can guide you through the basics for £10-£90.
• Self-writing requirements: To create a valid DIY will, you must follow all legal formalities: written document, proper signing with two witnesses present, clear language, and complete coverage of all assets. Your witnesses cannot benefit from the will, and you must have testamentary capacity (sound mind) when creating it.
• Understanding the risks: Self-written wills fail most often due to improper execution, ambiguous wording, or overlooked legal considerations. Common pitfalls include incorrect witnessing, contradictory clauses, failure to account for all assets, and not addressing what happens if beneficiaries die before you. Even minor technical errors can invalidate your entire will or create costly family disputes.

FAQs

• How much does probate cost when someone dies without a will? Probate for intestate estates typically costs 20-30% more than with a valid will, with administration fees ranging from £3,000-£5,000 plus additional legal fees if complications arise.
• Can I exclude my spouse from my will completely? While you can exclude your spouse from your will writing, they can challenge this under the Inheritance Act 1975 and likely receive a reasonable financial provision regardless of your wishes.
• What happens to my digital assets if I die without a will? Without specific will writing provisions, digital assets (social media accounts, cryptocurrency, online purchases) may be inaccessible to your family or distributed inappropriately under intestacy rules.
• How often should I update my will? Review your will every 3-5 years and after major life events (marriage, divorce, births, deaths, property purchase, inheritance). Simple updates can often be made through a codicil rather than creating an entirely new will.
• If I marry after making a will, is it still valid? In England and Wales, marriage automatically revokes a previous will unless it specifically states it was made “in contemplation of marriage” to your spouse. Without this clause, you’ll need to create a new will after marrying.

Dying without a will places your legacy at risk, leaving loved ones unprotected and decisions about your estate in the hands of rigid legal formulas. Making a will isn’t just prudent, it’s an essential act of care for those who matter most.

Don’t leave your family’s future to chance!

Qredible’s network of specialist will writing solicitors provides expert guidance tailored to your unique circumstances.

KEY TAKEAWAYS

• Dying without a will in the UK subjects your estate to intestacy rules, potentially leaving unmarried partners, step-children, and close friends with nothing regardless of your relationships.
• Creating a valid will requires specific legal formalities including proper witnessing and signing procedures that must be strictly followed to ensure validity.
• While DIY options exist for simple situations, complex family structures, significant assets, or business interests typically require professional legal guidance.
• Consulting a solicitor specializing in will writing provides crucial protection against future challenges and ensures your true wishes are honoured.