Making a Simple Will — What You Need to Know

FamilyFree guide Making a will is one of the most important things you can do for the people you care about. Without a will, the rules of intestacy decide who inherits — and those rules don't always match what you want. This guide explains how to make a simple will and when it's worth getting professional help.

Why make a will?

A will lets you decide:

• who inherits your estate (your money, property, and possessions);
• who carries out your wishes (your executors);
• who looks after any children under 18 (their guardians);
• whether any specific gifts go to particular people or charities; and
• your funeral wishes (though these are not legally binding, they help the people handling your estate).

Without a will, the rules of intestacy apply. Those rules are rigid and may not reflect your wishes — for example, they don't provide for unmarried partners, and they can leave things in a state that causes delay and family dispute.

The formal requirements for a valid will

For a will to be valid in England and Wales, it must generally:

• be in writing;
• be signed by the person making it (the testator) in the presence of two witnesses; and
• be signed by both witnesses in the presence of the testator.

The witnesses should be independent — generally not someone who is going to benefit from the will (a beneficiary) or the spouse/civil partner of a beneficiary. If a beneficiary (or their spouse) witnesses the will, their gift may be void.

The testator must also have the mental capacity to make the will and must be making it voluntarily, without pressure or undue influence.

What to think about before you make a will

1. Your executors

Executors are the people who administer your estate after you die — they apply for the grant of probate, collect in your assets, pay debts and taxes, and distribute what's left according to your will. Choose people you trust, who are willing and able to do it. You can name more than one, and you can name a professional (like a solicitor) as an executor, though that usually costs more.

2. Your beneficiaries

Decide who gets what. Think about:

• who should get the bulk of your estate (your "residuary estate" — what's left after any specific gifts, debts, and costs are paid);
• any specific gifts (a sum of money, a piece of jewellery, a set of books, a donation to a charity);
• what happens if a beneficiary dies before you — do their share go to their children, to someone else, or is it redistributed?

3. Guardians for children

If you have children under 18, consider who would look after them if both parents died. Naming a guardian in your will doesn't automatically give that person parental responsibility in every situation, but it's a very important expression of your wishes and can be critical. This is one of the main reasons to make a will if you have children.

4. Your funeral wishes

You can include your wishes about burial or cremation and any service preferences. These are not legally binding, but they guide the people handling your estate and can prevent uncertainty and disagreement at a difficult time.

5. Review after life events

Review your will after major life changes: marriage, civil partnership, divorce, dissolution, birth, death, moving home, significant change in assets, or a change in your relationship with the people you've named. Marriage generally revokes a will (unless it was made in contemplation of that marriage); divorce does not revoke the whole will but has the effect of removing the ex-spouse as a beneficiary in most cases. If your circumstances change, make a new will.

DIY will, will-writing service, or solicitor?

For a simple will — a straightforward estate, clear beneficiaries, no complex family or tax issues — a carefully completed DIY will or a will-writing service can be appropriate. For anything beyond that, a solicitor is usually the safer choice.

Using the generator

Use the LawImNotSure generator to get plain-English guidance and a covering letter to help you make a simple will. It will prompt you for the key points and produce guidance you can use to prepare — and to have a informed conversation with a will-writer or solicitor if you decide to use one. The generator is guidance, not the will itself.