Making a Will in the UK: Costs, Options and What to Include

A will is a legal document that sets out what should happen to your estate (everything you own) after you die. Specifically, it:

• Names who inherits your money, property, and belongings
• Appoints an executor – the person responsible for managing your estate and carrying out your wishes
• Names guardians for any children under 18
• Records your funeral wishes (though these are not legally binding)
• Includes charitable gifts if you want to leave something to a cause you care about

Without a will, your estate is distributed according to intestacy rules – a fixed legal formula that does not account for unmarried partners, stepchildren, close friends, or charities. Your family has no say in who inherits, and the process of administering the estate is more complicated and expensive.

Making a will is not just for the wealthy or the elderly. Anyone with property, savings, children, or strong views about who should benefit from their estate should have one.

The legal requirements for a valid will in England and Wales come from the Wills Act 1837. To be valid, a will must meet all of the following conditions:

• It must be in writing (typed or handwritten)
• It must be signed by you (or by someone in your presence and at your direction)
• Your signature must be made or acknowledged in the presence of two witnesses, both aged 18 or over
• Both witnesses must sign the will in your presence
• Neither witness (nor their spouse or civil partner) can be a beneficiary under the will

Marriage revokes your will. If you get married or enter a civil partnership after making a will, that will is automatically revoked unless it was made in anticipation of the marriage. Divorce does not revoke the will entirely, but any gifts to your former spouse are treated as if they had died before you.

Video witnessing: During COVID, temporary rules allowed wills to be witnessed via video call. This provision expired on 31 January 2024. All wills must now be witnessed in person.

Scottish will law differs from the rest of the UK in several important ways.

• A will needs only one witness, who must be aged 16 or over
• A beneficiary can be a witness in Scotland (unlike England and Wales)
• A will is "self-proving" if signed by the testator and one witness – this means it does not need further verification to be used in the confirmation process (Scotland's equivalent of probate)

Legal rights in Scotland: Scotland has a system of "legal rights" that means you cannot completely disinherit your spouse, civil partner, or children from your moveable estate (money, investments, and personal belongings – everything except land and buildings).

The moveable estate is split into thirds:

• One third to the surviving spouse or civil partner (jus relictae or jus relicti)
• One third to the children (legitim)
• One third ("dead's part") to be distributed according to the will

If there is no surviving spouse, children are entitled to one half. If there are no children, the spouse is entitled to one half.

Marriage does not revoke a will in Scotland. This is a significant difference from England and Wales. However, it is still good practice to review and update your will after marriage.

Northern Ireland follows rules very similar to England and Wales. The relevant legislation is the Wills and Administration Proceedings (Northern Ireland) Order 1994.

• The will must be in writing
• It must be signed by you in the presence of two witnesses, both aged 18 or over
• Neither witness can be a beneficiary
• Marriage revokes an existing will (as in England and Wales)

The key practical difference is that the probate process is administered separately through Northern Ireland's own courts, and some fees differ.

There are several ways to make a will, ranging from free to over £1,000 depending on complexity. The table below gives indicative costs for 2025/26 – actual prices vary by provider and location.

A "complex" will usually means there is a business, property abroad, a blended family, trusts, or inheritance tax planning involved. Mirror wills are near-identical wills made by a couple, typically leaving everything to each other first and then to children.

DIY wills: The cheapest option, but also the riskiest. If the wording is ambiguous or the will is not properly witnessed, it can be challenged or declared invalid. DIY wills are best suited to very simple estates with no property, no children, and no complications.

Online will services: Guided questionnaires that produce a legally valid will. Good for straightforward situations. Most services include customer support and will review the document before you print and sign it. Check that the service is regulated or backed by qualified solicitors.

Solicitors: The safest option, especially for anything beyond a simple will. A solicitor can advise on inheritance tax, trusts, business succession, and the specific rules for your jurisdiction.

Free Options

• Free Wills Month (usually March and October): Free simple wills for people aged 55 and over, written by participating solicitors
• Will Aid (November): Solicitors write wills for a suggested donation of £100 for a single will or £150 for mirror wills, with proceeds going to charity
• Charity free wills: Many charities offer free will writing year-round through partner solicitors, in the hope that you will consider leaving them a gift in your will. There is no obligation to do so

A comprehensive will should cover the following:

• Property and major assets: Your home, any other property, land, and significant possessions
• Financial assets: Bank accounts, savings, investments, pensions (though pension nominations are usually separate), and premium bonds
• Personal belongings: Jewellery, furniture, vehicles, art, collections – either specific gifts to named people or a general direction
• Digital assets: Online accounts, websites, domain names, cryptocurrency, digital photo libraries, and any accounts with monetary value
• Who gets what: Named beneficiaries for specific gifts, and a "residuary" beneficiary who receives everything else after debts, taxes, and specific gifts are dealt with
• Your executor: The person (or people) responsible for administering your estate. See the section below for guidance on choosing an executor
• Guardians for children under 18: If you have dependent children, name who should look after them. Always name a backup guardian in case your first choice cannot take on the role
• Funeral wishes: Burial or cremation, location, music, readings, or a note that you have a prepaid funeral plan. These are not legally binding but give your family guidance
• Charitable gifts: Specific amounts or a percentage of your estate to charities you want to support. Charitable gifts are exempt from inheritance tax
• Conditions or trusts: For example, leaving assets in trust for children until they reach a certain age, or specifying that a gift is conditional on something

Keep a separate letter of wishes for anything personal or practical that does not need to be in the will itself – messages to family, pet care instructions, passwords, and preferences for personal items not specifically mentioned. See our estate planning checklist for a full list of what to prepare.

Your executor is the person who carries out the instructions in your will. They apply for probate (or confirmation in Scotland), collect your assets, pay debts and taxes, and distribute what is left to your beneficiaries. It is one of the most important decisions in your will.

Options for executor:

• A family member or friend: The most common choice. They do not need legal qualifications. Choose someone you trust to be organised, fair, and willing to do the work. Being an executor can take months and involves significant administration
• A professional executor: A solicitor, bank, or specialist firm. They charge for their services, typically 1–5% of the estate value plus VAT. This can be a significant cost on larger estates but may be worth it for complex situations or where there is a risk of family disagreement
• A combination: A family member and a solicitor as joint executors. The family member provides personal knowledge, the solicitor provides expertise

Always name a backup executor (called a "substitute executor") in case your first choice dies before you, loses mental capacity, or is unable or unwilling to act when the time comes.

Talk to your chosen executor before naming them. Make sure they know where the will is stored and understand what the role involves.

Your will is only useful if it can be found. The original signed document is what matters – a photocopy is not sufficient for probate.

• With your solicitor: Many solicitors store wills for their clients, sometimes for free and sometimes for a small annual or one-off fee. This is one of the safest options
• With HMCTS Probate Service: In England and Wales, you can deposit your will with HM Courts & Tribunals Service for a one-off fee of £23. It is stored securely and released to the executor after your death
• In a fireproof safe at home: Make sure your executor knows where the safe is, where to find the key or combination, and that the original will is inside
• Do NOT keep the original in a bank safe deposit box. Your family may not be able to access the box until after probate is granted – but they need the will to apply for probate. This creates a catch-22

Wherever you store the original, keep a copy at home in a labelled folder and tell your executor where both the original and the copy are. Some people also give a copy to their executor directly.

A will is not a one-off document. You should review it after any major life event and at least every three to five years. Common triggers for updating your will include:

• Marriage or civil partnership: In England, Wales, and Northern Ireland, marriage automatically revokes your existing will. You need a new one
• Birth or adoption of a child: To name guardians and include your children as beneficiaries
• Divorce or separation: Divorce does not revoke your will, but gifts to your former spouse are treated as if they died before you. Review the whole will to make sure it still reflects your wishes
• A significant change in finances: Inheritance, property purchase, business changes, or a large increase or decrease in your assets
• Buying or selling property: Especially your main home
• Death of a beneficiary or executor: If someone named in your will dies before you, that part of the will may fail unless you have included a substitute

Codicil vs new will: A codicil is a formal amendment to an existing will. It must be signed and witnessed in the same way as the original will. Codicils are fine for small changes (updating an executor, changing a specific gift), but for anything substantial, it is usually better to make a new will. A new will should include a clause revoking all previous wills and codicils.

If you die without a valid will, you die "intestate." Your estate is distributed according to a fixed legal formula set out in the intestacy rules.

Under intestacy:

• Your spouse or civil partner may inherit most or all of the estate, depending on its size and whether you have children
• Unmarried partners inherit nothing, regardless of how long you lived together
• Stepchildren inherit nothing
• Close friends and charities inherit nothing
• A court-appointed administrator handles your estate, which takes longer and costs more than having a named executor
• If you have children under 18 and no surviving parent with parental responsibility, a court decides who looks after them

The intestacy rules are different in Scotland, where legal rights give the spouse and children fixed shares of the moveable estate regardless of the rules of intestacy. For full details, read our guide on intestacy rules across the UK.