General information only — not legal advice. Every situation is different; a solicitor can advise on yours.
You do not legally need a solicitor to make a will in England and Wales. But the cases where a DIY will goes wrong are remarkably common — and the consequences only become clear after you’re no longer around to fix them. This guide explains when you can safely do it yourself and when you genuinely need professional help.
What happens if you die without a will
Dying without a will is called dying intestate. Your estate is then distributed according to the intestacy rules — a rigid legal formula that may have nothing to do with what you actually wanted.
The intestacy rules have some significant gaps that catch people off guard:
- Unmarried partners receive nothing, regardless of how long you’ve been together or whether you have children together. Living together for 10 years gives you no automatic legal right to inherit.
- Stepchildren do not inherit unless you legally adopted them.
- If you are married with children, your spouse does not automatically receive everything — the rules split the estate in a specific way.
- Estranged relatives may inherit if there is no one closer in the legal order.
If the intestacy rules don’t reflect your wishes — and for many people, they don’t — making a will is the only way to ensure your wishes are followed.
Can you make a will yourself?
Yes. A handwritten or typed will is legally valid in England and Wales if it is properly executed. Online will services and will-writing kits are also widely available and can produce valid wills at low cost (typically £0–£50).
For simple situations, a DIY will can work well:
- You’re leaving everything to your spouse and then to your children
- Your family situation is straightforward
- You have modest assets (a bank account, some savings, perhaps a car)
- You understand the signing requirements and follow them exactly
When a DIY will creates problems
The most common issues with wills that go wrong:
Invalid execution. A will must be signed by you in the presence of two witnesses, who must both sign in your presence at the same time. The witnesses cannot be beneficiaries, or the spouse or civil partner of a beneficiary. Getting this wrong can invalidate the whole will.
Ambiguous wording. “I leave my house to my son and daughter” — equally between them? Jointly owned, or as tenants in common? What happens if one of them dies before you? Ambiguity in wills causes disputes that cost thousands to resolve in court.
Not covering all your assets. A will only deals with assets that form part of your estate. Some assets pass outside a will entirely (jointly owned property passing by survivorship, pension benefits paid at the trustee’s discretion, life insurance with named beneficiaries). Understanding what your will does and doesn’t cover is important.
Not being updated. Getting married automatically revokes a previous will in England and Wales. Getting divorced doesn’t revoke it — it only removes the former spouse as a beneficiary, which can create gaps. Wills should be reviewed after major life changes.
When you should use a solicitor
A solicitor-drafted will makes sense if any of the following apply:
- You own property, especially jointly with someone (how it’s owned affects what happens to it)
- You have a blended family — stepchildren, children from different relationships, or an unmarried partner
- You have a business with a stake you want to pass on
- You want to set up a trust — for minor children, a disabled beneficiary, or tax planning
- Your estate may be liable to inheritance tax (currently due on estates above £325,000, plus reliefs)
- You have assets abroad
- There are family members you want to exclude — this requires careful drafting to reduce the risk of successful challenges
- You want to make gifts to people other than your spouse and children
The cost of a solicitor-drafted will is typically £150–£400 for a straightforward will, more for complex arrangements. Set against the potential cost of disputes or court proceedings after you’re gone, it’s rarely a significant expense.
The signing rules — these must be followed exactly
A will is only valid if:
- It is in writing
- You sign it (or direct someone to sign on your behalf if you are physically unable)
- Two witnesses are present when you sign, and they both sign the will in your presence
- All three of you are in the same room when the signing takes place (video witnessing is not valid)
- Neither witness is a beneficiary, or the spouse or civil partner of a beneficiary
If you’re using an online service, follow their instructions for execution exactly. Many claims of invalid wills come down to this step being done incorrectly.
Lasting Power of Attorney — do this at the same time
A will deals with what happens after you die. A Lasting Power of Attorney (LPA) deals with what happens while you are alive but unable to make decisions — through illness, dementia, or an accident.
There are two types:
- Property and Financial Affairs LPA: allows someone to manage your finances and property
- Health and Welfare LPA: allows someone to make decisions about your medical care and daily life
LPAs can only be made while you have mental capacity. They cannot be set up after you lose the ability to make decisions, which is precisely when you need them most. Making them at the same time as your will is good practice.
Frequently asked questions
Does a will need to be registered anywhere?
No — unlike some countries, England and Wales has no mandatory will registration. But you can voluntarily register it with the National Will Register, which makes it much easier for executors to locate it after you’re gone.
Who should I appoint as executor?
Usually a trusted family member or friend. They will be responsible for carrying out the instructions in your will and dealing with your estate. For complex estates, a professional executor (such as a solicitor or bank) is an option, though they charge for the service.
Can I change my will after I’ve made it?
Yes. Small changes can be made by a formal document called a codicil. Larger changes are better handled by making a new will entirely, with a clause revoking previous wills. Never amend a signed will by crossing things out or writing in the margins.
What if someone challenges my will?
Wills can be challenged on grounds of lack of mental capacity, undue influence, or improper execution. A professionally drafted will with notes from the time it was made is much harder to challenge successfully.
If you want to make a will and want professional advice on your specific situation, use Super Solicitor to get matched with an SRA-regulated wills and probate solicitor — free to search, no obligation.