A will is a legal document that sets out who should receive your money, property and possessions when you die. Writing one is one of the kindest things you can do for the people you love — it removes uncertainty at a painful time. This guide explains why a will matters, what happens without one, and how to make a valid will in England and Wales, with pointers for Scotland and Northern Ireland.
Why should you make a will?
A will lets you decide who inherits, rather than leaving it to the law. It also lets you appoint guardians for children under 18, name the executors who will carry out your wishes, leave gifts to people or charities, and plan in a way that can help reduce inheritance tax. Without a will, none of this is in your control.
What happens if you die without a will?
If you die without a will (“intestate”) in England and Wales, the rules of intestacy decide who inherits. If you are married or in a civil partnership with children, your spouse receives your personal possessions, the first £322,000 (the statutory legacy), and half of the rest — with the other half shared between your children. If you have no children, your spouse usually inherits everything. Crucially, an unmarried partner inherits nothing automatically under these rules, no matter how long you were together.
What makes a will legally valid?
To be valid in England and Wales, a will must be made by someone aged 18 or over who has mental capacity, be in writing, and be signed by you in the presence of two independent witnesses, who must also sign it. Your witnesses (and their spouses) cannot be people who benefit from the will, or that gift can fail. See GOV.UK for the full rules. Scotland and Northern Ireland have different rules: see Citizens Advice Scotland and nidirect.
Who should you name as executor?
An executor is the person who carries out your wishes — collecting your assets, paying debts and distributing your estate. You can name a trusted relative or friend, a professional such as a solicitor, or a combination. It is sensible to name more than one, in case one is unable to act.
Should you use a solicitor or write it yourself?
Simple wills can be written using a reputable will-writing service or template, but a solicitor is worth considering if your situation is more complex — for example if you have a business, property abroad, a blended family, or want to plan around inheritance tax. The cost is usually small compared with the problems a poorly drafted will can cause.
How often should you update your will?
Review your will after any big life change. Note that in England and Wales getting married usually revokes an existing will, and divorce affects gifts to a former spouse. Update it after a marriage, divorce, new child, house move, or significant change in your finances.
Frequently asked questions
Does my partner automatically inherit if we are not married?
No. Under the intestacy rules, an unmarried partner has no automatic right to inherit from your estate. A valid will is the clearest way to make sure they receive what you want them to. Some things can still pass to them outside your will: property you own together as joint tenants automatically goes to the surviving owner, and a pension or life insurance policy may pay out to a partner you have nominated. Check how your home is owned and who is named on these policies.
Do I need a solicitor to make a will?
Not for a straightforward will, but professional advice is wise for complex estates or inheritance tax planning.
Where should I keep my will?
Somewhere safe and findable — with a solicitor, a will storage service, or a secure place your executors know about. Tell your executors where it is.
How Solace Care can help
A will is one piece of getting your affairs in order. Solace Care helps you keep your important documents and wishes organised and easy for loved ones to find. Want help with the practical side after a death? Create a Solace Care account or read more guides.
