Home Elderly Legal Advice A guide to writing a will

A guide to writing a will

Ink pen writing a will

Not having a will can mean a lot of stress and unexpected legal costs – our guide shows you how simple and affordable writing a will can be.

Annabel James
Written by  Annabel James
Ink pen writing a will
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Writing a will is one of those tasks many of us prefer to put off, but it’s an important legal step that can protect your family and ensure your money, property, possessions and investments (known as your estate) go to the people and causes you care about. Without a valid will, your estate is distributed according to set rules, often resulting in more time-consuming administration, legal costs and emotional strain for those left behind. Fortunately, writing a will doesn’t need to be complicated or expensive. This guide will walk you through what to consider, how to write a will yourself, and the range of trusted organisations that can help.

What are the benefits of writing a will?

A will gives you control over what happens to your estate – that’s everything you own – after your death. It sets out your wishes clearly, helping prevent confusion or disputes among your loved ones.

Legally, your estate includes your assets, such as property, savings, investments and possessions, as well as any entitlements, such as life insurance or pensions. However, some jointly owned assets can pass automatically to the surviving owner and may not form part of your estate for probate purposes, although they may still be relevant for Inheritance Tax [1]. A properly drafted and witnessed will is legally binding and ensures your wishes are followed.

— James Buchan, solicitor, Which? Legal, says
A will, in its most simple form, is a set of written instructions setting out who should deal with your estate after your death, how it should be shared, and any wishes you have around guardianship. 
 

Who can make a will?

Anyone over 18 can make a will, provided they have what’s known as testamentary capacity [2]. This means they must understand:

  • What a will is and what it does.
  • The extent of their estate.
  • The moral and/or legal responsibilities to others (children or dependents, for example).
You can assist someone in writing a will, provided they understand what they’re doing. If they lack mental capacity, you must apply to the Court of Protection to write a will on someone else’s behalf. You can find out more in our guide to making a statutory will

Why is making a will important?

Without a will the estate will be distributed in accordance with the rules of intestacy. There are various different ways of recognising beneficiaries in a will [3].

A will allows you to:

  • Specify straightforward (or absolute) gifts (e.g. a sum of money or a specific item).
  • Leave a specific legacy (e.g. a property or heirloom).
  • Assign a residuary estate (a share of what is left of the estate once any debts and taxes have been settled). 
  • Appoint executors to manage the estate.
  • Appoint guardians for minor children.
  • Set up trusts if needed and appoint trustees to safeguard assets for children or grandchildren to access in later life.
  • Express funeral wishes (not legally binding, but this can offer helpful guidance).

How do I write a will?

Before writing your will, consider:

  • Whether you need a single will or a mirror will (for couples where, typically, each person leaves their estate to the surviving partner, who then passes the combined estate to their chosen beneficiaries).
  • What you want to leave (money, property, possessions).
  • Who you want to benefit from your estate.
  • Whether you want to leave anything to charity.
  • Who will act as your executor (the person who carries out your wishes). This could be a trusted friend, family member, or a professional such as a solicitor or accountant, to a maximum of four people.

Answering these question will help you structure your will clearly and confidently.

What are the options for writing a will?

There are several ways to make a will, each with its own pros and cons. For a full breakdown of costs, visit our guide on how much it costs to make a will

1. Online will-writing services

Ideal for simple estates, online services are quick, affordable, and convenient. You typically fill out a questionnaire and the service creates the will for you. Some offer phone support too. 

Average cost: from around £90 for a single will (but costs can be as low as £20).

Best for: straightforward estates and those confident managing things online.

Caution: not all services are regulated – check credentials and reviews.

2. A solicitor

Solicitors are regulated by the Solicitors Regulation Authority (SRA), which means not only are they held accountable but they must have indemnity insurance [4]. You can also complain to the government-run Legal Ombudsman if you have an unresolved issue with a solicitor. This option is ideal for more complex estates, or if you want greater peace of mind.

Average cost: from £200 for a simple will; higher for more complex cases.

Benefits: legal expertise, regulated service, and access to redress via the Legal Ombudsman.

Find one via the Law Society’s find a solicitor tool.

— Sue, Caring for Elderly Parents UK (Facebook Group)

It was much easier to let solicitors handle all the legal things - they sent me various things to sign and return […] They saved me huge amounts of stress by knowing all the local people I would need.

3. An estate planner

Some estate planning providers offer a guided service and are typically cheaper and more convenient than using a solicitor. Companies like Honey Legal often employ legal specialists and solicitors, so costs stay lower without compromising on expertise.

Benefits: estate planning advice, optional executor services, and tailored support.

Best for: people with specific needs like trusts, tax efficiency, or blended families.

4. The National Free Wills Network

This scheme allows people who support partner charities to have a will written by a solicitor for free. The charity covers the cost, and in return may benefit from legacy donations.

Charities involved: there are more than 140, including the National Trust, Alzheimer’s Society, and Dementia UK.

5. Writing a will yourself (DIY wills)

A will can technically be written on anything – even a napkin – as long as it’s signed and properly witnessed. However, most people use a DIY will template or kit, available from stationers or online (e.g. Lawpack kits from £25).

Pros: low cost.

Cons: risk of errors or invalid wills if done incorrectly.

For your will to be legally valid, you must:

  • Be 18 or over.
  • Make it voluntarily
  • Be of sound mind.
  • Make it in writing – verbal agreements aren’t legally binding.
  • Sign it in the presence of two witnesses who are both over 18.
  • Have it signed by your two witnesses, in your presence.

Watch our webinar

We sat down with Which? legal expert James Buchan who has over 15 years of experience starting (and fixing) people’s Wills. Check out the full session and we’ll send you a link for 15% off your Will, reviewed by Which?’s legal experts.

FAQs on writing a will

What do I need to consider when writing a will?

Visit Age Space's guide to the 10 considerations when writing a will.

What happens to my estate if I do not write a will?

When a person dies without having prepared a will, it is known as dying intestate. Find out more about what this means on our guide to what happens if someone dies without a will

Where should my will be stored?

Your will should be stored in a safe place – either at home, with your bank or solicitor. There might be a cost associated with both options, however storage might be included in the solicitors cost. There are also companies that store wills. Be sure to tell the executors or leave details as to where the will is kept.

What is a Letter of Wishes?

A Letter of Wishes can sometimes accompany a will. Though it is not a legally binding document, it can be used to guide the people administering the estate. For example, it may contain advice that might help the trustees to manage a Trust.

While a will can be made public as it goes through the legal processes, a Letter of Wishes remains confidential.

If there is a will, do I still need probate?

Yes, you do. Probate is the legal process which allows the executors (or administrators) to be able to finalise and then distribute the estate and must be applied for after a person dies.

Once granted, a grant of probate is used to demonstrate that the executors have permission to carry out their role. For example, the bank where the deceased person held a bank account will require evidence of probate before transferring any funds under the direction of the executor.

The will is an expression of what the deceased person wishes to happen to their estate. Probate is the legal permission given by the courts allowing the executors to enact these wishes.

Whether or not probate is required to execute the will, depends on the assets held by the estate. There are exemptions to probate, for example, when a bank account balance is a very low amount.

References
  1. GOV.UK, ‘Inheritance Tax: general enquiries’, May 2025.
  2. GOV.UK, ‘Making a Will’.
  3. Citizens Advice, ‘Making a Will’.  
  4. GOV.UK, ‘Solicitor's practising certificate (England and Wales)’.
What to do next

If you’re considering writing a will, here are the most reasonable next steps to make sure the process is as smooth as possible.

  • Decide whether you need a single will or a mirror will, as well as what you want to leave and to who, and who you want to be your executor. A grant of probate will also be needed for those you want to access your bank accounts, investments, and other assets in order to pay your debts, inheritance tax, and distribute their estate to named beneficiaries.
  • Write your will! Age Space’s recommends ten law-writing services – all excellent and simple way of securing the future of your estate.
  • Sign it in the presence of two witnesses who are both over 18, and have it signed by your two witnesses, in your presence.
  • Store your will in a safe place – either at home, with your bank, or with your solicitor.
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What to read next

A guide to Free Wills Month | Take the opportunity to have a simple will written or updated for free with participating solicitors. Running throughout March and October.

Meet our expert
Annabel James founder of www.Agespace.org

Annabel James is the founder of Age Space.

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