Do you actually need a will?
Legally, no — nobody is forced to make a will. But it's strongly recommended, because a will is the only way to be sure that:
- The right people inherit. You choose who gets your money, home and possessions — not a fixed legal formula.
- Your children are looked after. You can name guardians for children under 18.
- An unmarried partner is protected. Without a will, a partner you're not married to — however long you've been together — inherits nothing automatically.
- Someone you trust is in charge. You name executors to carry out your wishes, rather than leaving the court to appoint someone.
- You can lower Inheritance Tax and leave gifts to charity if you want to.
If you have a partner you're not married to, children from a previous relationship, a business, property abroad, or you simply want a say in what happens — a will matters even more.
What makes a will legally valid
In England & Wales, the rules for a valid will are strict but simple. Get the signing wrong and the whole will can fail.
For a will to be valid, it must be…
• In writing — on paper, signed and dated.
• Made voluntarily by someone who is 18 or over and has the mental capacity to understand what they're doing and what they own.
• Signed by you in front of two witnesses, who must both be present at the same time and watch you sign — then they each sign it too.
• Witnessed by people who aren't beneficiaries. If a witness (or their husband, wife or civil partner) is left anything in the will, they lose that inheritance. Use two independent adults who get nothing under the will.
Keeping it up to date
For a small change you can add a codicil — a short, separately signed and witnessed document that sits alongside the will. For bigger changes it's cleaner to make a fresh will. Either way, review it after any major life event.
Marriage usually cancels your will
In England & Wales, getting married or entering a civil partnership generally revokes (cancels) any existing will — unless that will was specifically made "in contemplation of" the marriage. So if you marry and don't make a new will, you can end up dying intestate without realising it.
Divorce doesn't revoke a will, but it usually treats your ex-spouse as having died before you, so they no longer inherit or act as executor. Scotland is different — marriage does not automatically revoke a will there. Always review your will after marriage, divorce, a new baby, or a big change in what you own.
Once it's signed, keep the original somewhere safe — with a solicitor, the Probate Service's will-storage service, or a secure place at home — and tell your executor where it is.
Ways to make a will — including free routes
You don't have to spend a fortune. The right route depends on how complicated your situation is.
| Route | Best for | Cost |
|---|
| Solicitor | The most reliable option, and best for anything complex — second marriages, stepchildren, a business, property abroad, or Inheritance Tax planning. | A fee (varies by firm) |
| Will-writer | A cheaper alternative — but check they're regulated (see warning below). | Usually less than a solicitor |
| Online will service | Simple, low-cost wills for straightforward estates. | Low |
| Free Wills Month | People aged 55 or over can have a simple will written or updated free by a participating solicitor — runs in March and October. | Free |
| Will Aid | Every November, solicitors waive their fee in return for a voluntary donation to charity. No age limit. | Voluntary donation |
Some charities, trade unions and employers also offer free or subsidised will-writing — worth asking before you pay.
Check a will-writer is regulated
Will-writing on its own is not a "reserved" legal activity in England & Wales, which means anyone can set up as a will-writer without being regulated. A badly drafted or unsigned will can be worthless — and you won't find out until it's too late.
Use a solicitor (regulated by the SRA) or a will-writer who belongs to a recognised regulated body. To find and check a regulated professional, see our find-a-professional guide and the Law Society's Find a Solicitor + SRA register.
What happens if you die without a will
If you die without a valid will you die "intestate", and the intestacy rules decide who inherits — in a fixed legal order, regardless of what you would have wanted. This is for England & Wales; Scotland and Northern Ireland differ (see below).
| Your situation | Who inherits under the intestacy rules |
|---|
| Spouse / civil partner, no children | Your spouse or civil partner gets everything. |
| Spouse / civil partner + children | Your spouse or civil partner gets all your personal possessions, the first £322,000 (the "statutory legacy") and half of the rest. Your children share the other half (held in trust until they turn 18). |
| No spouse, but children | Your children inherit the whole estate in equal shares (in trust until 18). |
| No spouse or children | The estate passes in order to: parents → brothers & sisters → grandparents → aunts & uncles. |
| No relatives at all | Bona vacantia — the estate passes to the Crown. |
Unmarried partners & stepchildren get nothing
This is the single most important thing about intestacy. If you live with a partner but aren't married or in a civil partnership, they inherit nothing automatically — no matter how many years you've been together. Stepchildren you never legally adopted also inherit nothing under the rules.
Their only route is to make a court claim under the Inheritance (Provision for Family and Dependants) Act 1975 — stressful, uncertain and not guaranteed. A will avoids all of this. If you have an unmarried partner or stepchildren, a will isn't optional.
Do this now
You don't need a lawyer to take the first steps. Here's the calm order — and the free help if you get stuck:
Make your will
- List what you own and who should inherit. Property, savings, possessions, debts — and the people and shares you want.
- Choose your executors (people you trust to carry it out) and, if you have children under 18, name guardians.
- Pick a route. A free scheme (Free Wills Month in Mar/Oct for over-55s, Will Aid in November), a regulated will-writer, an online service, or a solicitor if anything is complex.
- Sign it correctly — in front of two witnesses who aren't beneficiaries — then store the original safely and tell your executor where it is.
A simple will can be sorted in an afternoon — and it protects the people you love.
For free, kind help: Citizens Advice explains making a will step by step, MoneyHelper has a free will guide, and Age UK on 0800 678 1602 can talk through later-life planning.
An honest note: we're not a law firm
SortedUK explains UK rules in plain English and points you to the right official sources — but we are not a solicitor or a law firm, and nothing here is legal advice.
For a simple estate, a free scheme or a reputable online will is often plenty. But if your situation is at all complicated — a second marriage, stepchildren, a business, property abroad, an estate likely to pay Inheritance Tax, or a partner you want to protect — get a regulated solicitor to draft your will. The cost of getting it right is tiny next to the cost of getting it wrong.
Scotland & Northern Ireland: different rules
Most of this guide is for England & Wales. The rules — especially what happens without a will — are materially different elsewhere.
Scotland = prior rights + legal rights
Scotland has its own succession law. If someone dies without a will, the surviving spouse or civil partner first takes "prior rights" (rights to the home, furniture and a cash sum, within set limits), and then a surviving spouse/civil partner and children have protected "legal rights" over the moveable estate (money, shares, possessions — not land or buildings).
Crucially, legal rights can't be cut out entirely even by a will — a spouse and children are entitled to a fixed share of the moveable estate regardless (for example a spouse can claim one-third of the moveable estate where there are children, or one-half where there are none). And in Scotland marriage does not automatically revoke a will. See mygov.scot — wills and gov.scot succession.
Northern Ireland = its own intestacy rules
Northern Ireland uses wills and (where there's no will) its own set of intestacy rules, which split the estate between a surviving spouse/civil partner and children on different thresholds to England & Wales. See nidirect — making a will for the Northern Ireland position.