Writing a valid will in England and Wales: Legal requirements and common mistakes

There is something slightly strange about making a will. It is an important document, potentially affecting everything you own, yet the part that makes it legally binding may take only a few minutes: one signature, two witnesses and three people trying not to make a mistake.

That apparent simplicity can be deceptive. A beautifully written will may fail if it is signed incorrectly. A valid will may still produce an unexpected result if it overlooks jointly owned property, a beneficiary dies first or a later marriage revokes it. Even an innocent handwritten alteration can create uncertainty when the document is eventually needed.

Quick answer: To make a will legally valid in England and Wales, you must normally be aged 18 or over, understand what you are doing, act voluntarily, put the will in writing and sign it with the intention that it should take effect. You must sign or acknowledge your signature in the physical presence of two witnesses who are present at the same time. Each witness must then sign in your presence. A beneficiary, or the beneficiary’s spouse or civil partner, should not act as a witness because the gift to that person will normally fail.

This guide explains not only the formal rules for writing a valid will, but also the practical decisions that help ensure it does what you intended. For a wider overview of wills, Lasting Powers of Attorney and future planning, visit my lifetime planning guides.

Contents

• What makes a will legally valid?
• What a will can and cannot do
• Planning what your will should contain
• Choosing your executors
• Identifying beneficiaries and gifts
• Testamentary capacity
• Knowledge, approval and undue influence
• Signing and witnessing a will correctly
• Who can witness a will?
• Common will-writing mistakes
• Marriage, divorce and other life changes
• Changing or revoking a will
• Can you write your own will?
• Where should you store your will?
• Frequently asked questions

What makes a will legally valid?

The formal requirements for an ordinary will in England and Wales are principally set out in section 9 of the Wills Act 1837. Despite the age of that legislation, its central rules remain in force.

For a will to be valid, the person making it—the testator—must normally:

1. be aged 18 or over;
2. have the necessary testamentary capacity;
3. make the will voluntarily, without coercion;
4. put the will in writing;
5. sign it, or have somebody sign it in their presence and at their direction;
6. intend their signature to give effect to the will;
7. sign or acknowledge their signature in the presence of two witnesses who are both present at the same time; and
8. have each witness sign or acknowledge their signature in the testator’s presence.

There are limited exceptions for certain members of the armed forces on active service and mariners or seamen at sea, who may be able to make what is known as a privileged will. Those unusual rules are outside the scope of this general guide.

The Government also provides a useful summary of the requirements for making a will legally valid.

What a will can and cannot do

A will allows you to appoint executors, identify beneficiaries, leave particular belongings or sums of money, decide who receives the remainder of your estate and create trusts where appropriate. Parents may also use a will to appoint guardians for children, although when that appointment takes effect depends on who else has parental responsibility at the time.

A Will can also record funeral wishes. Those wishes are not generally legally binding, but clear guidance can spare relatives from having to make difficult decisions while grieving. My separate guides explain who pays the funeral costs after a death and the practical implications if somebody wishes to be buried in their garden.

However, a will does not necessarily control everything you own or every payment made after your death. Property owned as joint tenants usually passes automatically to the surviving owner. Some life-insurance policies are written in trust, while pension death benefits may be distributed under the provider’s rules and any expression-of-wish form.

Nor does a will authorise somebody to manage your affairs while you are alive. A will only takes effect on death. If you want trusted people to make financial, welfare or medical decisions should you lose capacity, you should consider a Lasting Power of Attorney. An Advance Decision to Refuse Treatment, sometimes called a living will, serves a different purpose again.

Planning what your will should contain

Before writing clauses, it helps to build a clear picture of your family, assets and responsibilities. This does not require a valuation of every lamp and garden chair. It means understanding broadly what you own, how it is owned and what might happen if one of your intended beneficiaries dies before you.

Consider your home, savings, investments, business interests, personal possessions, debts, insurance, pensions and overseas assets. Digital property should not be overlooked. Cryptocurrency, websites, online businesses, photographs, creative work and account information can all create practical difficulties for executors. My guide to including digital assets in a will explains the additional planning involved.

You should also distinguish between assets passing under the will and those passing outside it. For example, changing the wording of your will will not alter the destination of jointly owned property if it passes automatically by survivorship. In some cases, the form of property ownership must be addressed separately.

Most importantly, the will should contain an effective gift of the residue. The residue is what remains after debts, expenses, tax and specific gifts have been dealt with. Without a workable residuary clause, part of the estate may pass under the intestacy rules even though a will exists.

Those rules can produce results very different from what a family expected, particularly for unmarried couples. My guide explains who inherits if somebody dies without a valid will.

Choosing your executors

Executors are the people responsible for putting the will into effect. Their role may involve locating assets, securing property, valuing the estate, dealing with tax, applying for probate, paying debts, resolving claims and distributing what remains.

It is tempting simply to appoint the closest family member. Emotional closeness matters, but so do reliability, organisation and the ability to deal calmly with paperwork and other beneficiaries. The person does not need to be a financial expert, but they should be someone you trust to seek help when necessary.

It is usually sensible to name at least one replacement executor in case your first choice dies, loses capacity or decides not to act. You may appoint family members, friends or professional executors. Professional appointments can be useful for particularly complex estates, although fees will normally be payable from the estate.

Before appointing somebody, speak to them. Discovering an executorship for the first time after a death is not the most considerate introduction to what can be a demanding role.

For a fuller explanation of the job, see my guide to executor duties in England and Wales.

Identifying beneficiaries and gifts

A beneficiary should be identified clearly enough to avoid doubt. Full names are preferable, and an address or description of the relationship may help where names are common or family members have similar names.

Specific gifts also need careful wording. “My car” may appear clear when the will is signed, but what happens if the car is replaced? A gift of “£10,000 from my savings account” may fail or become disputed if that account has been closed. Even a description such as “my jewellery” can provoke disagreement about what was intended to fall within it.

The will should deal with the possibility that a beneficiary dies first. It might provide for that person’s children to inherit instead, redirect the gift elsewhere or allow it to fall into the residue. Although statutory rules sometimes prevent gifts to children or other descendants from failing, relying on a default rule is rarely as satisfactory as stating the intended outcome.

Leaving somebody out can also require care. England and Wales recognises broad testamentary freedom, but certain relatives and dependants may be entitled to seek reasonable financial provision from the estate. Anyone proposing an unequal division or exclusion should consider the risk of a later claim and the value of recording their reasoning separately.

My guide considers in more detail whether a parent can disinherit a child in England and Wales.

Testamentary capacity

A valid will requires more than the physical ability to sign a document. The testator must have testamentary capacity at the relevant time.

The traditional legal test comes from Banks v Goodfellow, a case decided in 1870 that remains central to will disputes. In practical terms, the testator must understand that they are making a will and what it will do, have a broad understanding of the property they are disposing of, appreciate the people who might reasonably expect to be considered and not be affected by a disorder of the mind that distorts their decisions about the estate.

Perfect memory is not required. Nor does a diagnosis of dementia automatically mean that a person cannot make a will. Capacity is assessed at the time the will is made, and somebody may retain or regain sufficient understanding even while experiencing wider cognitive difficulties.

Conversely, a person may appear articulate and socially capable while lacking the understanding needed for a complicated testamentary decision. Capacity cannot safely be judged from age, appearance or a brief conversation alone.

Where there are genuine concerns—perhaps because of dementia, serious illness, heavy medication or a sudden and unexpected change in the will—a contemporaneous medical opinion and detailed record of the instructions may become extremely important. Medical involvement is not automatically required for every older testator, but it may provide valuable evidence if capacity is later disputed.

My separate guide explains the broader principles surrounding mental capacity assessments. The Government’s current summary of testamentary capacity is also available in its Inheritance Tax Manual.

Knowledge, approval and undue influence

Capacity and knowledge of the will’s contents are related, but they are not identical. A person might have the mental ability to make a will yet sign a document that they have not read, understood or approved.

This is particularly important where somebody is unable to read, has impaired vision, does not understand the language used in the document or depends heavily on a beneficiary who arranged its preparation. Appropriate steps may include reading the will aloud, translating it, explaining its effect and using a suitable attestation clause recording what happened.

A will must also represent the testator’s free wishes. Family members are allowed to express opinions, make requests and even try to persuade someone. Undue influence in this context requires something more serious: coercion that overpowers the testator’s own decision-making so that the resulting will is not genuinely theirs.

The safest process is one in which the testator gives instructions independently, can discuss sensitive decisions without beneficiaries in the room and has an opportunity to explain the reasoning in their own words. This is especially valuable where one person is receiving substantially more than others or where the arrangements depart sharply from an earlier will.

A challenge may also arise from fraud, forgery or a lack of knowledge and approval. My guide to contentious probate and will disputes explains the principal grounds on which a will may be contested.

Signing and witnessing a will correctly

The signing ceremony should not be treated as an administrative afterthought. It is the point at which many otherwise careful DIY wills go wrong.

For the clearest and safest execution:

1. Use the final version of the will and check that all pages are present and in the correct order.
2. Arrange for two suitable witnesses to be physically present with you at the same time.
3. Sign the will while both witnesses can see you signing. If you have already signed it, you may acknowledge that signature to both witnesses while they are present together.
4. Ask each witness to sign the same original document in your presence.
5. Complete the witnesses’ full names, addresses and other requested details clearly.
6. Date the will and check the completed signing page before everyone leaves.

The witnesses do not strictly have to sign in each other’s presence. Each must, however, sign or acknowledge their signature in the testator’s presence. In practice, keeping all three people together until the process is complete is simpler and produces clearer evidence.

The testator does not always have to write their own signature. If they are physically unable to sign, another person may sign in the testator’s presence and at their direction. This is an area where the circumstances and wording of the attestation clause should be recorded particularly carefully.

A witnessed photocopy and separately signed counterparts should not be used as substitutes for one properly executed original. Everyone should sign the same document.

Can a will be witnessed over a video call?

Temporary legislation allowed certain wills made between 31 January 2020 and 31 January 2024 to be witnessed through a live video link. That temporary arrangement has ended.

A new will should now be executed with the witnesses physically present. A clear line of sight may sometimes be possible through a window, open door or similar arrangement, but ordinary face-to-face signing in the same room is far less likely to create doubt. The former temporary rules are explained in the Government’s guidance on video-witnessed wills.

Who can witness a will?

For ordinary practical purposes, choose two adults aged 18 or over who understand that they are witnessing the execution of a legal document and are capable of seeing the testator sign or acknowledge the signature.

The witnesses do not need to read the will or know who inherits. Their role is to provide evidence that the testator signed or acknowledged the signature in their presence and appeared to be acting voluntarily.

Can a beneficiary witness a will?

A beneficiary should not witness the will. Nor should the beneficiary’s spouse or civil partner.

Using one of those people as a witness does not normally invalidate the entire will. Instead, section 15 of the Wills Act 1837 generally makes the gift to the witness—or to the witness’s spouse or civil partner—void. The rest of the will may remain effective, but the intended beneficiary may receive nothing.

An unmarried partner of a beneficiary is not automatically treated in precisely the same way under the present legislation. Even so, choosing somebody closely connected with a major beneficiary creates an avoidable source of suspicion. Independent witnesses are much safer.

Can an executor witness a will?

An executor is legally capable of acting as a witness merely because they are an executor. However, if the executor is also a beneficiary, witnessing the will may cause their gift to fail. It is usually easier to select witnesses who are neither executors nor beneficiaries.

Can relatives act as witnesses?

A relative who is not benefiting under the will, and is not married to or in a civil partnership with a beneficiary, may be legally capable of witnessing it. Nevertheless, an unrelated and genuinely independent witness may provide better evidence if the will is later challenged.

Common will-writing mistakes

Signing without both witnesses present

A testator sometimes signs alone and later asks two people to “witness” the existing signature separately. That is not a safe process. An earlier signature can be acknowledged, but the acknowledgement must take place in the simultaneous presence of both witnesses.

Using a beneficiary as a witness

This may leave the will valid while depriving the beneficiary of the intended inheritance. It is one of the clearest examples of a small procedural mistake producing a very large consequence.

Forgetting the residue

A will that deals only with a house, a few possessions and several cash gifts may leave everything else undisposed of. That remaining property then passes under the intestacy rules.

Assuming the will controls jointly owned assets

Property owned as joint tenants usually passes to the surviving owner, regardless of a contrary gift in the will. The distinction between joint tenants and tenants in common can therefore transform the outcome.

Using unclear descriptions

Informal expressions may make sense to the testator but mean very little years later. References such as “my savings”, “my eldest nephew” or “the jewellery she likes” invite uncertainty, particularly when circumstances have changed.

Not providing for an earlier death

If an executor or beneficiary dies before the testator, the will should explain what happens next. Replacement appointments and substitute gifts can prevent parts of the document from failing.

Writing changes onto the signed will

Crossing out a name, adding a sentence in the margin or changing a figure does not safely amend an executed will. An alteration made after execution will generally be ineffective unless completed with the necessary formalities, and it may create doubt about when the change was made.

Damaging or losing the original

The original will is important. Staple marks, removed fastenings, missing pages or unexplained damage may lead the Probate Registry to ask questions. If the original last known to be in the testator’s possession cannot be found after death, difficult issues may arise over whether it was deliberately revoked.

Leaving passwords in the will

A will submitted for probate usually becomes a public document. Passwords, security codes and private account details should therefore be recorded securely elsewhere rather than written into the will itself. For more information about access after death, see my guide explaining who can see a will after somebody dies.

Marriage, divorce and other life changes

Marriage and civil partnership

Marriage or the formation of a civil partnership normally revokes an earlier will. This remains the law even though many people are unaware of it.

A will can sometimes be drafted in contemplation of a particular marriage or civil partnership so that the later ceremony does not revoke it. General plans to marry at some point are not necessarily enough; the wording and circumstances require care.

The Law Commission has recommended abolishing automatic revocation on marriage or civil partnership, partly because of concerns about predatory marriage. However, as at August 2026, that recommendation has not changed the law. Anyone marrying or entering a civil partnership should review their will under the existing rules.

Divorce and dissolution

Divorce does not revoke the entire will. Once the divorce order becomes final, a former spouse is normally treated for relevant purposes as having died on that date. Gifts to them will usually fail, and an appointment of the former spouse as executor or trustee will generally cease to operate, unless the will shows a contrary intention.

The remaining provisions continue to apply. That can produce an unexpected result if no substitute executor or beneficiary was appointed.

Separation alone does not have the same effect. Until a divorce or dissolution becomes final, an estranged spouse or civil partner may remain entitled under the existing will.

Children, property and changing relationships

The birth of a child does not automatically revoke a will, but it may make the existing provisions unsuitable. The same is true after buying or selling a home, starting a business, receiving an inheritance, becoming responsible for a dependant or experiencing the death of an executor or beneficiary.

A will should be reviewed regularly and whenever a significant personal or financial change occurs. Younger adults are not exempt from these issues; my guide considers why making a will can matter before the age of 40.

Changing or revoking a will

Do not alter a signed will by writing on it. A valid change should normally be made through a codicil or a new will.

A codicil is a separate document that adds to or changes an existing will. It must be signed and witnessed with the same formalities as a will. The witnesses do not have to be the same people who witnessed the original.

Codicils may work for limited, straightforward amendments. Once several provisions require changing, a new will is usually clearer. Multiple documents increase the risk of inconsistency, accidental disclosure of earlier arrangements or confusion about which clauses remain effective.

A new will should normally contain a clause revoking earlier wills and codicils. The old document should not be destroyed until the replacement has been validly signed and witnessed. Otherwise, an unsuccessful attempt to make a new will may leave the estate without any valid testamentary document.

The Government provides further guidance on updating a will and making a codicil.

Can you write your own will?

Yes. There is no general requirement to instruct a solicitor, use legal terminology, register the document or have it notarised. A handwritten or template-based will can be valid if its meaning is sufficiently clear and all legal requirements are satisfied.

The harder question is whether a DIY will is sensible in the particular circumstances. A very straightforward estate may appear easy to deal with, but complications often hide in the background: the form of property ownership, a previous marriage, stepchildren, a dependant, a beneficiary receiving means-tested support, business assets or property abroad.

Professional advice deserves serious consideration where:

• you have a blended or potentially divided family;
• you want to exclude somebody who may expect to inherit;
• you support a dependant or a beneficiary who lacks capacity;
• you want to create a trust;
• you own a business, farm or overseas property;
• you share a home with an unmarried partner;
• Inheritance Tax or other tax planning may be relevant;
• your capacity could later be questioned; or
• another person is heavily involved in arranging the will.

A professionally drafted will does not become immune from challenge. It should, however, provide a clearer record of the testator’s instructions, understanding and execution. That evidence can be as important as the wording itself.

It is also worth checking who regulates the person preparing the document. Solicitors are regulated and required to carry professional indemnity insurance. Will-writing businesses do not all operate within the same regulatory framework.

Where should you store your will?

The original should be kept somewhere secure, dry and accessible after death. Possible locations include a solicitor’s strongroom, a specialist storage provider or the Probate Service. Home storage may also work, provided the document is protected from loss, fire, accidental disposal and unauthorised interference.

A locked bank box or safe can cause difficulty if the executors cannot access it without the very probate document held inside. Wherever the original is kept, tell your executors or another trusted person where it is and how it can be obtained.

Do not attach other papers to the original with staples, pins or paperclips. Later removal may leave marks that prompt questions about whether another document or page was once attached.

There is no compulsory national registration system for wills in England and Wales. The original may, however, be deposited with HM Courts and Tribunals Service for a fee. Details are available in the Government’s guidance on storing a will with the Probate Service.

After death, the executors use the will as part of the probate and estate-administration process.

Frequently asked questions

A valid will should leave clarity, not detective work

The best will is not necessarily the longest or the one containing the most impressive legal language. It is the one that records the testator’s genuine decisions, deals sensibly with foreseeable changes and can be proved and administered without the family having to reconstruct what was meant.

That means getting both parts right: the substance of the document and the way it is signed. Careful drafting cannot rescue defective execution, while perfect witnessing cannot repair provisions that are unclear or incomplete.

Making a will is ultimately an act of practical kindness. It cannot remove every difficulty after a death, but it can replace uncertainty with instructions and give the people left behind a far clearer path through an already demanding time.

Last legally reviewed: 5 August 2026

This guide to writing a valid Will is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.

About the author, Clare Lowes