A will written badly is almost as dangerous as no will at all

The legal requirements for a valid will

A will is only legally valid in England and Wales if it meets specific formal requirements. These have not changed in their essentials since 1837, which is both reassuring and misleading -- the rules are simple, but the consequences of getting them wrong are severe.

The testator (the person making the will) must be at least 18 years old and of "sound mind" -- meaning they understand the nature of making a will, the extent of their property, and the claims of the people they might reasonably be expected to benefit. This is called testamentary capacity.

The will must be in writing and signed by the testator, or by someone else in their presence and at their direction. Critically, that signature must be made or acknowledged in the presence of two witnesses, both present at the same time, who then sign the will themselves. A witness who is also a beneficiary (or the spouse of a beneficiary) loses their gift -- the will itself remains valid, but their inheritance does not.

What your will needs to cover

A professionally drafted will typically covers several distinct areas. First, the appointment of executors -- the people responsible for administering your estate. You should name at least two, and ideally consider a professional executor for complex estates. Executors have personal liability for errors, so the choice matters.

If you have children under 18, the appointment of guardians is essential. Without this, a court decides who raises your children. Many parents assume a surviving partner automatically assumes sole guardianship, which is broadly true for married couples -- but not for unmarried parents, where the position is more complicated.

Specific bequests cover named items or sums to particular people: the grandmother's ring to a specific daughter, a cash legacy to a charity, a share portfolio to a sibling. The residue clause covers everything left after specific bequests and debts are settled -- this is usually the most financially significant part of the will and must be clearly drafted.

Funeral wishes can be included, though they are not legally binding and may not be seen before the funeral takes place. A letter of wishes attached to the will is more practical for specific guidance about funeral arrangements or the distribution of sentimental items.

Digital assets -- the clause most wills miss

Cryptocurrency, online bank accounts, domain names, revenue-generating platforms, and digital intellectual property are all assets that can pass under a will -- but most wills written before 2020 make no provision for them. For many London professionals, these are now material assets.

The practical problem is access. A will can direct that your Bitcoin passes to a beneficiary, but if no one knows the private keys or seed phrase, the asset is unrecoverable. Specialist drafters include provisions for a separate asset memorandum -- a document stored securely alongside the will that contains access instructions, referenced by but not included in the will itself. See our guide to digital assets and wills for more detail.

DIY wills versus professional drafting

DIY will kits are legal in England and Wales. The question is not legality but adequacy. A will that is technically valid under s.9 of the Wills Act 1837 can still fail to reflect your wishes -- through ambiguous language, missing provisions, or clauses that conflict with each other. Solicitors and specialist will writers spend years learning to spot these issues before they reach probate.

For straightforward estates -- single person, no property, clear beneficiaries -- a well-completed DIY will may be adequate. For most London residents, the combination of property values, relationship complexity, and inheritance tax exposure makes professional drafting the better choice. The cost difference between a professionally drafted will (£150-£350) and a DIY kit (£20-£50) is negligible against the estate value at stake.

Our free matching service connects you with vetted will writers across London. Most clients receive a fixed-fee quote within 24 hours.

The signing ceremony

Once the will is drafted and you are satisfied with its contents, the formal execution must be carried out correctly. You and both witnesses must be physically present together. You sign first, then each witness signs. The order matters -- a witness who signs before the testator has signed has not technically witnessed the signature.

Witnesses must be over 18. They cannot be beneficiaries or the spouses of beneficiaries. They should be independent adults -- a professional drafter will often offer to arrange independent witnesses if needed.

Video witnessing, introduced as a temporary measure during COVID-19, is no longer available for standard will execution in England and Wales. Physical presence of all three parties is required.

Storing your will safely

A will that cannot be found is as useless as a will that was never made. Storage should be secure but locatable by your executors. Options include: with your solicitor or will writer (most professional drafters offer storage), with a bank, at home in a fireproof safe with executors informed of the location, or registered with the National Will Register (Certainty), which charges a small fee but provides a searchable database for executors and probate professionals.

Keeping a photocopy is sensible, but a photocopy has no legal standing -- only the original signed document can be submitted for probate. If the original cannot be found, there is a rebuttable presumption in law that it was destroyed with the intention of revoking it.

When to update your will

Marriage automatically revokes a will under s.18 of the Wills Act 1837. If you married after making your will and have not made a new one, your existing will is legally void. Divorce does not revoke a will but removes an ex-spouse as beneficiary and executor under s.18A -- which may or may not reflect your wishes.

Other triggers for review include: birth of a child or grandchild, death of an executor or beneficiary, significant change in assets, property purchase, business sale, or simply the passage of time. Our full guide to updating your will covers each scenario in detail.

How to Write a Will in London -- common questions