How to make a legally valid will in England and Wales

A will decides what happens to your money, property and possessions after you die. Without one, your estate is divided under the rules of intestacy, and the people who inherit may not be those you would have chosen. A will also helps you legally reduce Inheritance Tax.

What makes a will legally valid?

In England and Wales a will is valid if: you are 18 or over; you make it voluntarily, without pressure; you are of sound mind; it is in writing; you sign it in the presence of two witnesses over 18 who have a clear view of the signing; and both witnesses then sign the document in your presence (not necessarily at the same time). If you cannot sign yourself, someone may sign on your behalf in your presence.

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The key rule about witnesses

Neither your witnesses nor their spouses can inherit anything under the will. So you must not ask anyone you are leaving something to act as a witness — it causes problems. Choose neutral people who are not named in the will.

What happens without a will?

With no will, the law sets the order of who inherits. For example, an unmarried partner (a "cohabitee") does not automatically inherit under the intestacy rules, however long the relationship. That is why a will matters especially for unmarried couples.

How to change it and where to get help

You can change a will by making an official addition (a codicil) or by writing a new one; any change goes through the same signing and witnessing process. You can write a simple will yourself, but for a complex situation (a business, property abroad, children from different relationships) it is better to use a solicitor or a will-writing service. Scotland and Northern Ireland have their own rules. Always check the current requirements on GOV.UK.