Your Right to Make a Will
In England and Wales you are broadly free to leave your property to whoever you choose — but only if your will meets the strict formal requirements of the Wills Act 1837, you have testamentary capacity, and you act free of undue influence. The Law Commission's 2025 report, Modernising Wills Law, recommends the biggest overhaul of this framework since 1837, including electronic wills — but the recommendations are not yet law.
Last updated: 2026-07-30
Your Rights
Testamentary Freedom
You may decide who inherits your estate — the law of wills is built around 'supporting testamentary freedom, protecting testators, and increasing clarity and certainty', as the Law Commission puts it. The main limit is that certain family members and dependants can ask a court for reasonable financial provision after your death.
Formal Validity: Writing, Signature and Two Witnesses
No will is valid unless it is in writing and signed by the testator (or by someone in their presence and at their direction), the signature shows intent to give effect to the will, it is made or acknowledged in the presence of two or more witnesses present at the same time, and each witness attests and signs (or acknowledges their signature) in the testator's presence. No particular form of attestation wording is required.
You Must Be 18 and of Sound Mind
'No will made by any person under the age of eighteen years shall be valid.' You must also make the will voluntarily and be of sound mind — the common-law capacity test comes from Banks v Goodfellow (1870). The Law Commission recommends lowering the age to 16 and applying a single capacity test under the Mental Capacity Act 2005, but neither change is yet law.
Witnesses (and Their Spouses) Cannot Benefit
A gift in the will to an attesting witness, or to the witness's husband or wife, is 'utterly null and void' — although the will itself remains valid and the witness can still prove its execution. GOV.UK's plain-English rule: 'You cannot leave your witnesses (or their married partners) anything in your will.'
Protection Against Undue Influence
A will procured by coercion is not a true expression of the testator's wishes and can be challenged. The Law Commission has recommended that courts should be able to infer undue influence 'where there is evidence which provides the court with reasonable grounds to suspect it', strengthening protection for vulnerable testators — currently influence must be proved by the person alleging it.
The Right to Revoke or Update Your Will
You can revoke a will at any time — by making another valid will or codicil, by a written declaration executed like a will, or by burning, tearing or otherwise destroying it yourself (or having it destroyed in your presence at your direction) with the intention of revoking it. To update a will, make a codicil or a new will.
Know the Marriage Revocation Rule
Under current law 'a will shall be revoked by the testator's marriage' or civil partnership, unless the will shows it was made in expectation of that particular marriage and intended to survive it. The Law Commission recommends abolishing automatic revocation — highlighting predatory marriage as 'a form of financial abuse' — but as of mid-2026 the 1837 rule remains in force.
Common Myths
A will has to be drawn up by a solicitor on special paper to be legal.
The statutory requirements are writing, the testator's signature made with intent, two witnesses present at the same time, and attestation — 'no form of attestation shall be necessary'. Professional drafting is wise for anything complex, but not a legal requirement (Wills Act 1837 s.9).
Getting married has no effect on the will you already made.
Marriage or civil partnership automatically revokes an existing will unless it was made in expectation of that particular marriage — one of the most common ways estates end up on intestacy (Wills Act 1837 s.18).
You can cut anyone out of your will and they can do nothing about it.
Spouses and civil partners, former spouses, cohabitants of two years, children (including those treated as children of the family) and dependants can apply for 'reasonable financial provision' from the estate (Inheritance (Provision for Family and Dependants) Act 1975 s.1).
A video message or an electronic will works just as well.
A will must satisfy s.9's written formalities. Remote video witnessing was allowed only for wills made between 31 January 2020 and 31 January 2024, and the Law Commission's recommendation to enable electronic wills has not yet been enacted.
Scribbling over your will cancels it.
Revocation requires another duly executed will or written declaration, or physical destruction — 'burning, tearing, or otherwise destroying' — done by you or at your direction with the intention of revoking it (Wills Act 1837 s.20).
What To Do
List Your Assets and Decide Your Wishes
Work out what you own, who should benefit, who should be executor, and who should look after any children — then decide whether you need professional help.
Execute It Properly
Sign the will in the presence of two witnesses who are both over 18 and present at the same time, then have both witnesses sign in your presence.
Choose Witnesses Who Don't Benefit
Never use a beneficiary or a beneficiary's spouse as a witness — their gift becomes void even though the will stands.
Store It Safely and Tell Your Executor
Keep the original somewhere secure (solicitor, bank or the Probate Service) and make sure your executor knows where it is.
Review After Life Events — Especially Marriage
Marriage revokes your will unless it was made in expectation of it. Update by codicil or new will after marriage, divorce, births or major asset changes.
Worried About Capacity or Pressure? Get Advice Early
If a relative's capacity is doubtful or someone appears to be exerting pressure, involve a solicitor when the will is made — contemporaneous evidence is the best protection against later disputes.
Key Legislation
- Wills Act 1837 (ss.7, 9, 15, 18, 20)
- Administration of Justice Act 1982 (s.17)
- Inheritance (Provision for Family and Dependants) Act 1975
- Mental Capacity Act 2005
Useful Contacts
GOV.UK — Making a Will
Official guidance on making, witnessing, updating and storing a valid will.
WebsiteLaw Society — Find a Solicitor
Search for regulated wills and probate solicitors in England and Wales.
WebsiteLaw Commission — Wills Project
The Modernising Wills Law report (2025) and the state of reform, including electronic wills and the marriage revocation rule.
Website