Making a Valid Will
Making a legally valid will in England and Wales: the section 9 Wills Act formalities, witnesses, executors, updating, revoking and safe storage.
Quick answer
To make a valid will in England and Wales you must be 18 or over, of sound mind and acting voluntarily, and section 9 of the Wills Act 1837 requires the will to be in writing, signed by you (or by someone in your presence and at your direction), with your signature made or acknowledged in front of two witnesses present at the same time, each of whom signs in your presence. Witnesses — and their married partners — cannot be left anything in the will. Marriage revokes an earlier will unless it was made in expectation of that marriage, and a will can only otherwise be revoked by a new properly executed will or codicil, a duly executed written revocation, or destruction with intent to revoke. Store the will at home, with a solicitor or accountant, at a bank, or with HM Courts and Tribunals Service, and tell your executors where it is.
Overview
Your will lets you decide what happens to your money, property and possessions after your death — if you die without one, the law decides who gets what. In England and Wales the formalities are set by section 9 of the Wills Act 1837: the will must be in writing, signed by the testator, and the signature made or acknowledged in front of two witnesses present at the same time. The rules are strict but simple to follow, and GOV.UK advises that you can write your will yourself, though you should get advice if your will is not straightforward.
Who Can Use This Process
- You are 18 or over
- You are making the will voluntarily
- You are of sound mind
- You can sign it in the presence of 2 witnesses who are both over 18
Step-by-Step Process
Decide what to include
List your money, property and possessions and decide who you want to benefit. A will also lets you plan around Inheritance Tax — GOV.UK notes that with a will you can make sure you do not pay more Inheritance Tax than you need to.
- Include a residuary clause covering everything not specifically mentioned
- Consider substitute beneficiaries in case someone dies before you
Choose your executors
Executors are the people who will be responsible for carrying out your wishes and for sorting out the estate. They will have to collect together all the assets of the estate, deal with all the paperwork and pay all the debts, taxes, funeral and administration costs out of money in the estate.
- Appoint more than one executor, or a substitute, in case your first choice cannot act
- Executors can be beneficiaries — unlike witnesses
Write the will
You can write your will yourself, but you should get advice if your will is not straightforward — for example if you own property abroad, run a business, or want to provide for someone with complex needs. However it is drafted, the will must be made in writing to be valid.
- Date the will and identify people by full name to avoid ambiguity
- Different rules apply in Scotland and Northern Ireland — this guide covers England and Wales
Sign it in accordance with section 9 of the Wills Act 1837
Section 9 provides that no will is valid unless it is in writing and signed by the testator (or by some other person in his presence and by his direction); it appears that the testator intended by the signature to give effect to the will; the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and each witness attests and signs the will, or acknowledges their signature, in the presence of the testator.
- Both witnesses must be present together when you sign or acknowledge your signature
- No particular form of attestation wording is required — but a standard attestation clause avoids doubt
Pick witnesses who do not benefit
Your two witnesses must both be over 18, and you cannot leave your witnesses (or their married partners) anything in your will — a gift to a witness or a witness's spouse fails. Choose independent adults with no interest under the will.
- Neighbours or colleagues make good witnesses; beneficiaries and their spouses do not
- The videoconference-witnessing concession only applied to wills made between 31 January 2020 and 31 January 2024 — witnesses must now be physically present
Store the will safely and tell your executors where it is
There are a number of places where you can keep a will: at home, with a solicitor or accountant, or at a bank. You can also keep a will with HM Courts and Tribunals Service (HMCTS). Wherever it is kept, your executors need to know where to find the original.
- Do not attach anything to the will with staples or clips — marks can raise questions about missing pages
- Keep a note of the will's location with your important papers
Update it when life changes — and revoke old wills properly
If you want to update your will, you need to make an official alteration (called a 'codicil') or make a new will, and if you make any changes you must follow the same signing and witnessing process. Marriage is a critical trigger: under section 18 of the Wills Act 1837, a will is revoked by the testator's marriage unless it was made in expectation of marriage to that particular person. Under section 20, a will can only be revoked by another properly executed will or codicil, by a duly executed writing declaring an intention to revoke, or by burning, tearing or otherwise destroying it with the intention of revoking it.
- Review the will after marriage, civil partnership, divorce, births and major asset changes
- If you make a new will, physically destroy superseded originals to avoid confusion
Important Warnings
You cannot leave your witnesses (or their married partners) anything in your will — such gifts fail even though the rest of the will stands.
Marriage or entering a civil partnership makes any previous will invalid unless it was made in expectation of that marriage (Wills Act 1837, s.18).
If you die without a valid will the intestacy rules apply: an unmarried partner inherits nothing, however long you lived together.
Alterations that do not follow the full signing and witnessing process are ineffective.
Useful Links
Frequently asked questions
- What are the legal requirements for a valid will?
- Under GOV.UK guidance you must be 18 or over, make the will voluntarily, be of sound mind, make it in writing, sign it in the presence of 2 witnesses who are both over 18, and have it signed by your 2 witnesses in your presence. These reflect section 9 of the Wills Act 1837, which requires the signature to be made or acknowledged in the presence of two or more witnesses present at the same time.
- Can a beneficiary witness my will?
- They should not: you cannot leave your witnesses (or their married partners) anything in your will. Use two independent adults over 18 with no interest under the will.
- Does getting married cancel my will?
- Yes — under section 18 of the Wills Act 1837 a will is revoked by the testator's marriage, and Citizens Advice confirms that marrying or entering a registered civil partnership makes any previous will invalid. The exception is a will made in expectation of marriage to a particular person which states it should not be revoked by that marriage.
- How do I change my will?
- Make an official alteration called a 'codicil' or make a new will. Any changes must follow the same signing and witnessing process as the original will — informal amendments are ineffective.
- How do I revoke a will?
- Section 20 of the Wills Act 1837 allows revocation only by another properly executed will or codicil, by a writing declaring an intention to revoke executed like a will, or by burning, tearing or otherwise destroying the will (by you, or someone in your presence and by your direction) with the intention of revoking it. Accidental destruction does not revoke a will.
- What happens if I die without a will?
- The law decides who gets what under the intestacy rules. In England, a surviving spouse or civil partner where there are children takes the personal belongings, the first £322,000 of the estate and half the remainder, with the children sharing the other half. Unmarried partners inherit nothing, and if no qualifying relatives survive, the estate passes to the Crown.