WHAT GOV.UK GUIDANCE SAYS

Write it.
Sign it. Witness it.

A will can be simple. The signing cannot be skipped.

In England and Wales you can write your own will, but it only counts if it is made and witnessed in the right way. The core rules still come from the Wills Act 1837, which the Law Commission has proposed replacing.

TWO WITNESSES both over 18

Check a will

Hands signing a document at a wooden table while two other people sit close by, watching — AI-generated image, not a photograph of a real person or place.

Write it down
Sign with witnesses
Review every 5 years
A valid will in three lines

THE SHORT ANSWER

Clear wishes,
proper signing.

Most of the rules are about how the will is signed.
Get those right and a simple will can be home-made.

SIGNING

Two adult witnesses, together

You must sign in the presence of 2 witnesses who are both over 18, and they sign in your presence. You cannot leave your witnesses, or their married partners, anything in the will.

Check a will

WRITING IT

Say who, what and who acts

GOV.UK says a will should set out who benefits, who looks after children under 18, who your executor is, and what happens if a beneficiary dies before you.

What to include

KEEPING IT SAFE

Store it, and say where

Keep it at home or with a solicitor, a bank, a storage company or the Probate Service, and tell your executor or a close relative where it is.

See the rules

General information only, not legal advice. For advice on your own situation, speak to a qualified lawyer or a free advice service.

A QUICK WILL CHECK

Is anything wrong
with this will?

Pick a situation to see what GOV.UK guidance says. The bar shows how serious the problem is for the will.

Will check

Choose a situationSigned with two adult witnesses watchingA witness is also a beneficiaryName crossed out after signingGot married after making itSigned alone, no witnesses

Signed with two adult witnesses watchingLooks right

You sign in front of 2 witnesses over 18 with a clear view, and they sign the same document in front of you. They do not need to sign at the same time as each other.

A witness is also a beneficiaryGift not allowed

You cannot leave your witnesses, or their married partners, anything in your will. Choose witnesses who are not getting anything.

Name crossed out after signingNot a valid change

You cannot amend a will after it has been signed and witnessed. Changes need a codicil, signed and witnessed the same way, or a new will.

Got married after making itWill cancelled

Getting married cancels any will you made before, so you will need to make a new one.

Signed alone, no witnessesNot valid

The Wills Act 1837 says a will must be signed or acknowledged in the presence of two or more witnesses present at the same time.

Source: GOV.UK, Making a will, and the Wills Act 1837, section 9 (legislation.gov.uk).

General information for England and Wales from GOV.UK. Scotland and Northern Ireland have different rules. Get professional advice if your situation is not straightforward.

TWO NUMBERS WORTH KNOWING

Old law,
regular reviews.

One date for where the rules come from,
one number for how often to look again.

1837

Year of the Act that still governs wills

The Law Commission calls wills law largely a product of the Victorian era. Its 2025 report, Modernising Wills Law, includes a draft Bill for a new Wills Act.

THE LAW · LAW COMMISSION

5 years

How often to review your will

And after any major change, such as separating or divorcing, marrying, having a child, moving house or the death of your executor.

REVIEWS · GOV.UK

If you die without a will, the law decides who gets what. GOV.UK has a tool to check who can inherit and apply for probate when there is no will.

FOUR THINGS A WILL SHOULD COVER

Draft it
in plain words.

GOV.UK lists what a will should set out. You can also include a charity.

Who benefits
Name the people or charities you want to receive your money, property and possessions.
Who cares for children
Say who should look after any of your children who are under 18.
Who carries it out
Choose an executor to sort out your estate and carry out your wishes after your death.
What if someone dies first
Set out what happens if a person you want to benefit dies before you do.

A sealed envelope tied with string, placed in a wooden box with other papers — AI-generated image, not a photograph of a real person or place.

A fountain pen resting on a blank sheet of lined writing paper on a wooden desk, ready to start — AI-generated image, not a photograph of a real person or place.

WHEN TO GET ADVICE

Simple wills are DIY.
Complicated ones are not.

GOV.UK suggests professional advice if you share a property with someone who is not your spouse or civil partner, want to provide for a dependant who cannot care for themselves, or have several family members who may make a claim, such as a second spouse or children from another marriage.

It also suggests advice if your permanent home is outside the UK, you have property overseas or you have a business. The Law Commission says the current law is not as clear as it could be, which may put people off making wills altogether.

Questions

Questions people ask

Can I write my own will?

Yes. GOV.UK says you can write your will yourself, but you should get advice if it is not straightforward. It must be formally signed and witnessed to be legally valid.

Who can witness a will?

Two people who are both over 18. They must watch you sign, and sign in your presence. You cannot leave them, or their married partners, anything in the will.

How do I change my will?

You cannot amend a will after it has been signed and witnessed. Make an official alteration called a codicil, signed and witnessed in the same way, or make a new will for major changes.

Does marriage affect an existing will?

Yes. GOV.UK says getting married cancels any will you made before. The Law Commission re-consulted on this rule in 2023 as part of its review of wills law.

What happens if I die without a will?

The law decides who gets what. GOV.UK has a tool that works out who is entitled to a share of the estate and who can apply for probate.

Write it.
Sign it. Witness it.