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Making a Will

Will Writing Solicitors — Ensuring Your Wishes Are Legally Binding

A will made without proper legal advice is one of the most common sources of estate disputes in England and Wales. Wills that fail to meet the formality requirements of the Wills Act 1837, that are made by a testator without testamentary capacity, or that are drafted ambiguously can be challenged, invalidated, or interpreted contrary to the testator's intentions. A solicitor ensures your will is valid, clearly expressed, and properly executed — and that it achieves the tax planning objectives that matter to you.

s.9 Wills Act 1837 formalities Testamentary capacity IHT planning (NRB + RNRB) Trusts & guardianship provisions
⚠️ Unmarried partners receive nothing under intestacy. If you die without a will and you are not married or in a civil partnership, your partner has no automatic right to inherit under the Administration of Estates Act 1925. Only a will — or a successful Inheritance Act 1975 claim — protects a cohabiting partner.

Legal Requirements for a Valid Will

A will is only valid if it satisfies the formality requirements of s.9 Wills Act 1837. A will that fails any of these requirements is void and the estate will pass under intestacy or an earlier will:

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In writing — the will must be in writing. Oral wills (except for soldiers and mariners on active service) are not valid.
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Signed by the testator — the testator must sign the will, or direct another person to sign in their presence. The signature must be intended to give effect to the will.
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Two independent witnesses — the signature must be made or acknowledged in the presence of two witnesses who are both present at the same time. Each witness must then sign in the presence of the testator. Beneficiaries and their spouses must not witness the will — any gift to a beneficiary-witness is void, though the will itself remains valid.
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Testamentary capacity — under the test in Banks v Goodfellow [1870], the testator must understand the nature of making a will, the extent of the property they are disposing of, the claims of those who might expect to benefit, and must not be suffering from a disorder of the mind that poisons their affections or perverts their sense of right. A solicitor ensures capacity is assessed and documented.

What Your Will Should Cover

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Executors — the person or persons responsible for administering the estate, collecting assets, paying debts and taxes, and distributing to beneficiaries. A solicitor advises on who to appoint and the difference between sole and joint executors.
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Guardians for minor children — if you have children under 18, your will can appoint a guardian to care for them if both parents die. Without a guardianship appointment in a will, the court decides.
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Specific and residuary gifts — specific gifts of named items or sums, and the residuary estate (everything left after specific gifts, debts, and tax). A solicitor ensures the drafting is clear and that any specific gift does not lapse if the beneficiary dies before you.
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Trusts for minors or vulnerable beneficiaries — if beneficiaries are under 18, or if you want assets held until a later age (e.g., 25), a trust is included. A solicitor drafts the trust provisions and advises on the trustees' powers and duties.

Inheritance Tax Planning in Your Will

A solicitor advises on the IHT implications of your estate and how your will can be structured to minimise tax:

  • Nil-Rate Band (NRB) — each individual has an NRB of £325,000. Gifts on death up to this amount are IHT-free. Unused NRB can be transferred to a surviving spouse or civil partner.
  • Residence Nil-Rate Band (RNRB) — an additional £175,000 allowance available where a qualifying residential property is left to direct descendants (children, grandchildren). The full RNRB is available on estates below £2 million — it tapers above this level.
  • Spousal exemption — gifts to a spouse or civil partner are entirely exempt from IHT. A solicitor may advise on a "nil-rate band discretionary trust" where a spouse would inherit everything — to preserve the NRB for the surviving spouse's estate rather than wasting it on a tax-free spousal transfer.
  • Charitable gifts — gifts to qualifying charities are exempt from IHT, and leaving 10% or more of the net estate to charity reduces the IHT rate on the rest from 40% to 36%.

Frequently Asked Questions

What happens if I die without a will?

You die intestate and your estate passes under the intestacy rules in the Administration of Estates Act 1925. A surviving spouse or civil partner inherits the first £322,000, personal property, and half the remainder. Children share the other half. Unmarried partners, cohabiting partners, and friends receive nothing under intestacy regardless of how long you have lived together. Making a will is the only way to ensure your estate passes to the people you choose.

Can I write my own will?

Technically yes — a "homemade" will is valid if it satisfies the formality requirements. However, homemade wills are responsible for a large proportion of estate disputes and failed gifts. Common problems include: incorrect execution (wrong number of witnesses, beneficiary witnesses), ambiguous drafting, failure to account for changing circumstances (marriage revokes an earlier will automatically), and missed IHT planning opportunities. A solicitor ensures none of these problems arise.

Does marriage revoke my existing will?

Yes. Under s.18 Wills Act 1837, marriage automatically revokes a will made before the marriage, unless the will was made in contemplation of that marriage (a "will made in contemplation of marriage" must expressly state this). If you are planning to marry, your solicitor drafts your new will either immediately after marriage or — with the correct contemplation wording — before the marriage.

How often should I update my will?

A will should be reviewed after any major life event: marriage or civil partnership (which revokes an existing will), divorce (which voids gifts to and appointments of the former spouse), birth of a child, death of a beneficiary or executor, significant change in assets, or change in tax law. As a minimum, reviewing your will every 5 years is good practice even if nothing has changed.

Can I leave my estate to whoever I choose?

Subject to the Inheritance (Provision for Family and Dependants) Act 1975, yes. The Inheritance Act allows certain classes of claimants (spouses, former spouses, cohabiting partners of 2+ years, children, and dependants) to apply to the court for "reasonable financial provision" from the estate if the will or intestacy fails to provide for them. A solicitor advises on whether your estate plan is vulnerable to an Inheritance Act claim.

How It Works

One clear request. A will drafting solicitor contacts you.

A will drafted without proper legal advice can be challenged, invalidated, or interpreted against your wishes. A solicitor ensures your will is valid, clearly drafted, and achieves your tax planning objectives.

Submit Your Request
1

Tell us your wishes

Describe your estate, your family situation, and who you wish to benefit from your estate.

2

Matched to a solicitor

We connect you with a wills and probate solicitor experienced in estate planning.

3

Will drafted & executed

Your solicitor drafts the will, advises on IHT planning, and arranges proper execution with witnesses.

Your Wishes, Legally Binding

Make a valid will today — protect your family and your estate.

Without a properly drafted will, your estate may not pass to the people you intend. A solicitor ensures your will is valid, reflects your wishes, and minimises inheritance tax for those you leave behind.

Submit Your Request

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