How to Make a Will in the UK: Rules & Requirements

Making a valid will decides who inherits your estate and who is responsible for winding it up. In England and Wales it must meet strict legal formalities under the Wills Act 1837; get it wrong and the will, or part of it, can fail.

What Makes a Will Legally Valid in England and Wales

Under the Wills Act 1837, a will is valid only if all of these are true: the testator (the person making it) is 18 or over and has testamentary capacity, meaning they understand what a will does, the extent of their estate, and who they might reasonably be expected to provide for; they are acting voluntarily, free from pressure or undue influence; the will is in writing; it is signed by the testator, or by someone else in their presence and at their direction; and that signature is made or acknowledged in the presence of two witnesses, who each then sign the will in the testator's presence. Missing any one of these can make the whole will, or the gift affected, invalid, which is why professional drafting and correct execution matter as much as the wishes behind the document.

The Two-Witness Rule

Both witnesses must be present at the same time when the testator signs or acknowledges their signature, and each must then sign the will, or acknowledge their own signature, in the testator's presence. Witnesses do not need to sign in each other's presence, but both must have been present together when the testator signed, or when the testator acknowledged a signature already on the will. A witness must be able to see what is happening; someone who could not have seen the signing or acknowledgement, for example because they were in another room, does not count. Video-witnessed wills were allowed only temporarily during the coronavirus pandemic and that provision has since expired, so witnessing in England and Wales again means being physically present together with the testator.

Why a Witness Cannot Also Be a Beneficiary

If a witness, or the person married to or in a civil partnership with a witness, is left a gift in the will, the witnessing itself is still valid, but that gift fails. The witness (or their spouse) simply does not receive it; the rest of the will remains unaffected. This rule exists to stop someone with a financial interest in the outcome from being one of the two people confirming the will was properly signed. It is a common, easily avoidable mistake in home-made wills, where a spouse or adult child is asked to witness a will that also leaves them something.

Executors and Guardians

A will should name at least one executor, the person or people responsible for valuing the estate, paying any debts and inheritance tax, and distributing what is left according to the will. Most people name two, in case one cannot act, and can include a professional executor such as a solicitor. If you have children under 18, you can also use your will to name guardians who would look after them if both parents (or the surviving parent) die. Without a will, there is no guarantee the court will appoint the people you would have chosen, so this is one of the most practical reasons for parents of young children to have a will in place. For what an executor is actually responsible for once someone has died, see our guide to executor duties.

Marriage, Divorce and Reviewing Your Will

In England and Wales, getting married or entering a civil partnership generally revokes any earlier will automatically, unless that will was expressly made in contemplation of the marriage or civil partnership. This catches people out: someone who wrote a will years before marrying, without saying it was made in contemplation of the wedding, can die intestate in the eyes of the law even though a will exists. Divorce or dissolution does not revoke the whole will, but it does affect it: gifts to a former spouse or civil partner, and their appointment as executor, are treated as if they had died before the testator. Because of this, a will should be reviewed after marriage, divorce, the birth of a child, a house move, or any other significant change in your circumstances or wishes, rather than left untouched for decades.

Validity Checklist (England & Wales)

Use this as a starting checklist, not a substitute for professional advice on your own will.

• Testator is 18 or over and has testamentary capacity
• Made voluntarily, without pressure or undue influence
• In writing
• Signed by the testator, or by someone else in their presence and at their direction
• Signature made or acknowledged in the presence of two witnesses, both present together
• Each witness then signs in the testator's presence
• No witness (or their spouse or civil partner) is left a gift in the will
• At least one executor is named
• Guardians are named if you have children under 18
• The will has been reviewed after marriage, divorce, or another major life change

Scotland: A Different System

Scotland's rules for making a will are structurally different, not just a variation on the same theme. Under the Requirements of Writing (Scotland) Act 1995, a will is formally valid in Scotland if it is in writing and signed at the end of the last page (technically "subscribed") by the testator. No witness is needed for validity. To make the will "self-proving" (probative), the testator should also sign every sheet and have one witness sign, with the witness's name and address stated. A probative will does not need separate proof of valid execution when the executor later applies for Confirmation, Scotland's equivalent of probate. The age of testamentary capacity in Scotland is 12, well below the 18 that applies in England and Wales. Unlike in England and Wales, getting married or registering a civil partnership does not revoke an existing Scottish will, although it is still sensible to review it. Scotland also has forced heirship: even a validly made will cannot defeat a spouse's or child's "legal rights" over the moveable estate. See our guide to intestacy in Scotland for how legal rights and prior rights work, and Confirmation in Scotland for the estate-administration process itself.

Northern Ireland

Northern Ireland has its own legislation, the Wills and Administration Proceedings (Northern Ireland) Order 1994, but its main formalities are broadly the same as in England and Wales. The testator must be 18 or over (unless they are or have been married or in a civil partnership), and the signature must be made or acknowledged in the presence of two witnesses present at the same time. Marriage also revokes an earlier will in Northern Ireland under article 12 of the Order, unless it appears from the will that it was made expecting that marriage and was not meant to be revoked by it.

Your Options for Making a Will

There is no single "right" way to make a will, but the options carry different levels of risk.

• A solicitor. The most thorough option, particularly for a larger estate, a blended family, business assets, or anything involving trusts or overseas property. A solicitor can also advise on inheritance tax and check for capacity or undue-influence issues at the time of signing.
• A will-writing service. Often cheaper than a solicitor, but will writers are not always regulated in the same way solicitors are; gov.uk publishes guidance on what to check before using one, including qualifications, complaints procedures, and professional indemnity insurance.
• A charity or free-will scheme. Schemes such as Free Wills Month and Will Aid arrange for participating solicitors to write a simple will free or for a charity donation, usually with eligibility rules on age or the season the scheme runs.
• A home-made will. The cheapest option and the riskiest. A will that is not correctly signed and witnessed can fail entirely, and ambiguous home-made wording is a common source of disputes and delay after death. This page is general information only; it does not provide will-drafting wording, and we do not offer a will-writing tool. If you want to make or update a will, use a solicitor, a regulated will-writing service, or one of the official charitable will schemes.

For the wider picture of planning ahead and dealing with an estate, see our guides to intestacy rules, contesting a will, lasting power of attorney, and executor duties, or return to the UK wills and probate hub and the wider guide to United Kingdom law.

This article is general information about making a will in England and Wales, with contrasts to Scotland and Northern Ireland, and is not legal advice or a substitute for professional will-drafting. It does not provide will wording or a will-writing tool. If you want to make or update a will, consult a solicitor, a regulated will-writing service, or a recognised charity will scheme about your specific circumstances.

Frequently Asked Questions

How many witnesses do you need to make a will in England and Wales?

Two. Both must be present together when you sign or acknowledge your signature, and each must then sign the will, or acknowledge their signature, in your presence. Witnessing by video call, allowed temporarily during the coronavirus pandemic, is no longer permitted.

Can a witness to my will also inherit under it?

They can witness it validly, but if they, or their spouse or civil partner, are left a gift in the will, that gift fails. The witnessing itself still counts and does not invalidate the rest of the will.

Does getting married cancel an existing will?

Generally yes. Marriage or civil partnership automatically revokes an earlier will in England and Wales, unless the will was expressly made in contemplation of that marriage or civil partnership. Many people are unaware of this and are effectively intestate despite having written a will years earlier. Marriage also revokes a will in Northern Ireland, but in Scotland it does not.

What happens to my will if I get divorced?

Divorce does not revoke the whole will, but any gift to a former spouse or civil partner, and their appointment as executor, is treated as if they died before you. The rest of the will remains in effect.

How old do you have to be to make a will?

18 in England and Wales. In Scotland the age of testamentary capacity is 12, provided the person understands what they are doing.

Is a home-made will legally valid?

It can be, provided it meets every requirement of the Wills Act 1837: writing, capacity, voluntary signing, and two witnesses signing correctly. In practice, home-made wills are a common source of invalid execution and ambiguous wording, so many people use a solicitor or a regulated will-writing service instead.

Does recordinglaw.com offer a will-writing tool?

No. This page is general information only. For an actual will, use a solicitor, a regulated will-writing service, or a recognised charitable scheme such as Free Wills Month or Will Aid, rather than drafting the wording yourself from a website.

How is making a will different in Scotland?

A Scottish will only needs to be in writing and signed at the end by the testator to be valid; no witness is required for validity. Signing every page and having one witness sign makes it self-proving, whereas England and Wales require two witnesses for the will to be valid at all. Marriage or civil partnership does not revoke an existing Scottish will. The age of testamentary capacity is 12, and forced-heirship legal rights can still apply over the moveable estate regardless of what the will says.