Complete Guide to Making a Will in England and Wales- WillsConnect

Why You Need a Will

A will is a legal document that sets out what you want to happen to your money, property, and possessions after you die. It's one of the most important documents you'll ever create.

Without a will, the law decides who inherits your estate through intestacy rules – and these may not reflect your wishes at all. You lose control over who gets what, who looks after your children, and how your assets are distributed.

This comprehensive guide explains everything you need to know about making a will in England and Wales, from the basic requirements to complex estate planning considerations.

What Can You Include in Your Will?

Your will allows you to make decisions about:

Your Estate

Property: Your home, buy-to-let properties, land
Money: Savings, investments, bank accounts, shares
Personal possessions: Jewelry, vehicles, art, collectibles, family heirlooms
Business interests: Company shares, partnerships
Digital assets: Online accounts, digital media, cryptocurrency

Your People

Beneficiaries: Who inherits your estate
Executors: Who manages your estate and carries out your wishes
Guardians: Who cares for your children under 18
Trustees: Who manages inheritance for children or vulnerable beneficiaries

Your Wishes

Specific gifts to specific people
Charitable donations
Funeral preferences (though not legally binding)
Instructions about your digital legacy

Who Can Make a Will?

To make a valid will in England and Wales, you must:

Be 18 or older (with rare exceptions for armed forces personnel)
Have mental capacity: You must understand what you're doing, know what assets you have, and understand the effect of your will
Act voluntarily: You must not be under pressure or undue influence from anyone

If you have any doubts about mental capacity – for example, if you or the person making the will has dementia or a serious illness affecting judgment – seek professional legal advice. A doctor's assessment may be needed to confirm capacity.

Choosing Your Executors

Your executors (also called personal representatives) are the people who will carry out your wishes after you die. This is one of the most important decisions in your will.

Executor Responsibilities

Your executors will:

Register your death and arrange your funeral
Value your estate (all assets and debts)
Apply for probate (legal authority to act)
Pay any debts, taxes, and funeral costs
Distribute your estate to beneficiaries
Keep accurate records and accounts

Who to Choose

Good executors are:

Trustworthy: They'll have access to everything you own
Organized: There's significant paperwork and administration
Available: They need time and energy for the role
Willing: Always ask them first
Capable: Able to handle financial and legal matters

Common Choices

Spouse or partner: Often the first choice, but consider if they'll be emotionally capable while grieving
Adult children: Can work well, especially if mature and responsible
Siblings or close friends: May have the objectivity needed
Professional executors: Solicitors or specialist firms (they charge fees, typically 2-5% of estate value)

Multiple Executors

You can appoint up to four executors. Many people choose two or three to share the workload and provide checks and balances. Consider:

One family member + one professional
Two adult children together
Spouse + sibling

Joint executors must agree on all decisions, which provides protection but can slow things down if they disagree.

Backup Executors

Always name substitute executors in case your first choice can't or won't serve. Consider what happens if they're ill, deceased, or have moved abroad.

Appointing Guardians for Children

If you have children under 18, appointing guardians is crucial. If both parents die, guardians will have full parental responsibility for your children.

What Guardians Do

Guardians will:

Provide day-to-day care for your children
Make decisions about education, healthcare, religion
Manage their living arrangements
Raise them according to your values (as far as possible)

Choosing Guardians

Consider:

Relationship: Do your children know and trust them?
Values: Do they share your parenting philosophy?
Age and health: Will they be able to care for children long-term?
Location: Would children need to move? Change schools?
Family size: Can they accommodate additional children?
Financial stability: Can they afford to care for more children? (Inheritance will help, but day-to-day costs matter)
Willingness: Have you asked them? Are they genuinely willing?

Separate Financial Guardians

You can appoint different people to:

Raise your children (personal guardians)
Manage their inheritance (financial guardians/trustees)

This provides checks and balances, ensuring inherited money is used appropriately for children's benefit.

Always Include Backups

Name at least one alternative guardian in case your first choice cannot serve.

Deciding Who Gets What

You have complete freedom to leave your estate to anyone you choose. Common approaches include:

Residuary Estate

The simplest approach is to leave your entire estate (after specific gifts and debts) to one or more beneficiaries in specified shares. For example:

â€œI leave my entire estate to my wife Sarah Smithâ€
â€œI leave my estate 50% to my husband and 50% to be divided equally among my three childrenâ€

Specific Gifts

You can leave particular items to particular people:

â€œI leave my diamond ring to my daughter Emilyâ€
â€œI leave my vintage car to my son Jamesâ€
â€œI leave Â£10,000 to my niece Sarahâ€

After specific gifts, the remainder (residuary estate) goes to your main beneficiaries.

Common Distribution Patterns

Married/Civil Partnership with Children:

Everything to spouse, or
Specific amount/percentage to spouse, remainder to children, or
Split between spouse and children

Single with Children:

Divided equally among children, or
Different shares if there's a reason

No Children:

To spouse/partner, then to parents or siblings, or
To a mix of family and friends, or
Some or all to charity

Charities

You can leave any amount to charities. This is also tax-efficient – charitable donations are exempt from inheritance tax and can reduce the tax rate on the rest of your estate.

Conditions

Be cautious about adding conditions to gifts (e.g., â€œonly if they graduateâ€). Complex conditions can be challenged and may not be enforceable. Seek legal advice for conditional gifts.

Legal Requirements for a Valid Will

For your will to be legally valid in England and Wales, it must meet specific requirements:

1. It Must Be in Writing

Handwritten or typed. Verbal wills (except in very rare circumstances) are not valid.

2. You Must Sign It

You must sign your will yourself (or have someone sign it for you in your presence if you're physically unable).

3. Two Witnesses Must Be Present

Two people must watch you sign (or acknowledge your signature)
Both witnesses must be present at the same time
Witnesses must be 18 or over
Witnesses must then sign the will themselves

4. Witnesses Cannot Benefit

Critical rule: Witnesses (and their spouses/civil partners) cannot inherit anything from your will. If a beneficiary witnesses your will, they lose their inheritance.

Choose witnesses who are not beneficiaries – neighbors, friends, colleagues who aren't in your will.

5. You Must Have Mental Capacity

You must understand what you're doing when you make your will.

6. You Must Act Voluntarily

You must not be pressured or unduly influenced.

Dating Your Will

While not legally required, always date your will. This proves which version is most recent if you make multiple wills.

Understanding Inheritance Tax

Inheritance Tax (IHT) may be payable on your estate if it exceeds certain thresholds.

Current Thresholds (2026)

Nil Rate Band: Â£325,000 (no tax on estates below this)
Residence Nil Rate Band: Additional Â£175,000 if you leave your home to direct descendants (children, grandchildren)
Total potential threshold: Â£500,000 per person
Married couples/civil partners: Can combine allowances, potentially up to Â£1,000,000

Tax Rate

40% on the amount above the threshold (or 36% if you leave 10%+ to charity)

Example

Estate value: Â£600,000 (including home left to children)
Threshold: Â£500,000
Taxable: Â£100,000
Tax due: Â£40,000

Reducing Inheritance Tax

Leave assets to spouse/civil partner: No IHT between spouses
Give to charity: Charitable gifts are tax-free and can reduce overall rate
Make lifetime gifts: Gifts made 7+ years before death are usually tax-free
Use your annual exemption: Â£3,000 per year can be given tax-free
Life insurance: Written in trust to pay IHT bill without adding to estate

For estates likely to exceed thresholds, consult a specialist about tax planning.

What Happens If You Don't Have a Will

If you die without a valid will (dying â€œintestateâ€), the law decides who inherits through intestacy rules. These rarely match what people actually want.

Intestacy Rules in England and Wales

If you're married/in civil partnership with children:

Spouse gets: Personal possessions + first Â£322,000 + half of the remainder
Children share the other half equally

If you're married/in civil partnership without children:

Spouse gets: Everything if no parents or siblings
If you have parents: Spouse gets personal possessions + first Â£322,000 + half remainder; parents get other half

If you're unmarried with children:

Children inherit everything equally
Your partner gets nothing (even in long-term relationships)

If you're unmarried without children:

Your estate goes to: Parents → Siblings → Nieces/nephews → Grandparents → Aunts/uncles → Cousins → The Crown
Unmarried partners get nothing

Major Problems with Intestacy

Unmarried partners inherit nothing
Stepchildren inherit nothing (unless legally adopted)
Friends inherit nothing
Charities get nothing
Your wishes about who gets what are ignored
Courts decide who looks after your children
Distribution may not reflect your actual relationships

Don't leave your family to deal with intestacy. Make a will.

Special Situations

Unmarried Couples

â€œCommon lawâ€ marriage doesn't exist in England and Wales. No matter how long you've lived together, an unmarried partner has no automatic right to inherit.

Solution: Make a will leaving assets to your partner.

Blended Families

If you or your partner have children from previous relationships, wills are essential to ensure all children are provided for.

Consider:

How to balance current spouse and children from first marriage
Whether stepchildren should inherit
Trust arrangements to protect everyone's interests

Overseas Property

Property abroad may be subject to that country's inheritance laws. You may need a separate will for foreign assets. Seek specialist advice.

Business Owners

If you own a business, your will should address:

Who inherits your business shares
Whether the business should be sold or continued
Succession planning
Business Relief from IHT (can reduce tax by 50-100%)

Disabled or Vulnerable Beneficiaries

If beneficiaries receive means-tested benefits, inheritance could affect their entitlements. Consider:

Discretionary trusts
Disabled persons trusts
Professional advice on protecting benefits

Storing and Updating Your Will

Where to Store Your Will

At home: In a safe, fireproof place – but tell your executors where
With your solicitor: Many solicitors offer free storage
With a bank: Some banks store wills (may charge)
Probate Service storage: National probate registry (small fee)
With your will provider: Many online services offer digital storage

Critical: Make sure your executors know where your will is stored and can access it quickly.

When to Update Your Will

Review your will every 3-5 years and update after:

Marriage (existing wills become invalid when you marry)
Divorce (ex-spouse provisions are automatically revoked)
Birth of children
Death of executor, guardian, or beneficiary
Significant financial changes
Moving house
Falling out with named individuals

How to Update

Small changes: Use a codicil (formal amendment)
Major changes: Write a new will that revokes all previous wills

How to Make Your Will

You have several options for creating your will:

Online Will Services (like WillsConnect)

Cost: Â£89-150
Time: 20-30 minutes
Best for: Straightforward to moderately complex estates

Advantages:

Affordable
Convenient – do it from home
Expert review included
Clear guidance throughout
Legally valid

High Street Solicitor

Cost: Â£150-500+
Time: Usually requires appointments
Best for: Complex estates, business owners, complicated family situations