Wills

What is a will, and why does it matter?

A will is a legally binding document that records what should happen to your estate — your home, savings, investments, possessions and anything else you own — after you die. It also lets you name the people responsible for sorting everything out (your executors), appoint guardians for children under 18, and leave specific gifts to family, friends or charity. In England and Wales, a will is the only way to make sure your wishes, rather than a rigid statutory formula, decide who benefits.

Without a valid will, you are said to die intestate, and the law steps in. The intestacy rules decide who inherits in a fixed order, and they may not reflect what you would have chosen. For example, an unmarried partner inherits nothing automatically, no matter how long you have been together. Understanding what happens if you die without a will is often the moment people realise why writing one matters so much.

Who needs a will?

The honest answer is that almost every adult should have one. A will is especially important if you:

• own a home or other property;
• have children under 18 and need to name guardians;
• are married, in a civil partnership, divorced, or living with a partner you are not married to;
• have savings, investments, a business, or a pension you want directed thoughtfully;
• want to leave something to charity or to people outside your immediate family;
• have a blended family, stepchildren, or relationships that are complicated.

Living with a partner but not married is one of the most misunderstood situations. Cohabiting partners have no automatic right to inherit under intestacy, so if you want to provide for one another you must say so in a will. We cover this directly in can I leave everything to my partner if we are not married.

What makes a will valid?

For a will to be legally valid in England and Wales it must meet a few core requirements. It must be made voluntarily by someone aged 18 or over who has the mental capacity to understand what they are doing. It must be in writing, signed by the person making it (the testator), and that signature must be witnessed by two independent adults who also sign. Crucially, your witnesses — and their spouses — should not be beneficiaries, or they risk losing their inheritance.

You do not legally have to use a solicitor or professional to write a valid will, and many people ask whether a home-made document counts. It can, provided it is properly executed — but small mistakes in wording or witnessing are surprisingly common and can invalidate the whole document. We explain the rules in is my will valid if it was not done by a solicitor and weigh up the risks in writing a will without a solicitor.

Mental capacity matters too. A diagnosis of dementia does not automatically prevent someone from making a will, but capacity must be assessed at the time of signing — a subject we handle sensitively in can someone with dementia sign a will.

The process: how to make a will

Making a will is more straightforward than many people fear. In broad terms you will: take stock of what you own and what it is worth; decide who should inherit and in what shares; choose your executors and any guardians; consider specific gifts and charitable legacies; have the document drafted in clear, legally sound language; and finally sign it in front of two witnesses. Our step-by-step complete guide to making a will in the UK walks through each stage.

Choosing your executors deserves real thought, because they will be responsible for valuing your estate, settling debts, dealing with HM Revenue & Customs and distributing what remains. They can be family members, trusted friends, or professionals — see choosing your executors for how to decide. Where there is a will, your executors apply for a grant of probate through HM Courts & Tribunals Service, usually online, before they can administer the estate.

Couples often make mirror wills — two near-identical wills that leave everything to each other and then to the same people. They are popular and practical, but each person still signs their own document; you cannot legally make a single shared one, as we explain in can I make a joint will with my spouse and mirror wills for couples.

What about AI and online tools?

Free chatbots and online services can feel like a quick fix, but they carry real risks around accuracy, witnessing and your individual circumstances. Before you rely on one, read can AI write your will — getting it wrong can leave your loved ones with an invalid document and an expensive problem.

Common mistakes to avoid

• Never updating it. A will should keep pace with your life. Marriage, divorce, new children, a house move or a death in the family can all change what your will should say — see when to update your will.
• Forgetting that marriage and divorce affect a will. Marriage usually revokes an existing will, while divorce changes how it operates. If your circumstances have changed, read do I need a new will after divorce and should I update my will or make a new one.
• Assuming you must leave family something. You have genuine freedom over who benefits, including the right to exclude someone — though certain people can still bring a claim. We cover this in can I exclude someone from my will and, for difficult family situations, your right to decide.
• Poor execution. Unsigned, badly witnessed or ambiguous wills are a leading cause of disputes.

When wills are challenged

Even a valid will can be contested. Challenges might be based on lack of capacity, undue influence, improper execution, or a claim for reasonable financial provision. If you are worried about disputes — either making a claim or protecting your own wishes — start with contesting a will in the UK, then look at who can contest a will and the strict time limits in how long you have to contest a will. People often ask can someone contest my will after I die — a well-drafted, professionally prepared will is your best protection.

What does a will cost?

Prices vary widely. A simple single will from a professional typically costs less than many people expect, with mirror wills for couples often discounted, while complex estates involving trusts or business assets cost more. The key is knowing what is included and avoiding open-ended hourly fees. Our 2026 price guide sets out realistic figures so you can budget with confidence.

How Ask an Estate Planner helps

Ask an Estate Planner is a free and independent comparison service. Rather than guessing who to trust or paying for an open-ended hourly rate, you can compare fixed-price quotes from BCEP-trained estate planners covering your area. You see clear, upfront pricing and choose the planner who suits you — with no pressure and no hidden fees. It is the simplest way to turn a will from a task you keep putting off into one you can finally tick off, knowing your loved ones are protected.