Can You Write Your Own Will? Yes, here's how.

Yes. To write your own will in England and Wales you must be 18 or over, of sound mind, and acting voluntarily. It must be in writing, and you must sign it in the presence of two witnesses who are also over 18 — and neither witness, nor their spouse, can inherit anything under it.

There is one trap that catches people out more than any other, and it has nothing to do with how the will is drafted: getting married revokes it. More on that below, because it is why plenty of people die intestate having written a perfectly good will years earlier.

Thinking more broadly than the will itself? See can I do my own estate planning for what is genuinely DIY and what is not.

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Key Takeaways

• Writing your own will is legal and, for a straightforward estate, perfectly sensible.
• You must be 18 or over and sign in the presence of two witnesses — neither of whom, nor their spouse, can inherit.
• Marriage automatically revokes an existing will, unless it was made in contemplation of that marriage.
• Divorce does not revoke a will, but your ex-spouse is treated as having died before you.
• A blended family, a business, property abroad or anyone likely to contest it are the signals to pay for advice.

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Writing your own Will

You must write your Will in accordance with Law. If you make a mistake on your Will it could make it easy to legally challenge.

It can be a stressful time to lose a loved one and it can add additional stress if settling an estate involves a legal challenge. Having a legally tight Will can prevent that headache for your family.

Its crucial to have a Will written correctly, especially as you may not always be around to correct it.

The rules are short, and getting them right is most of the job:

• You must be 18 or over, of sound mind, and making the will voluntarily.
• It must be in writing. Handwritten is fine; a video or voice recording is not.
• You must sign it in the presence of two witnesses, both over 18 and both present when you sign. They then sign it themselves — though per GOV.UK they do not have to sign at the same moment as each other.
• Neither witness, nor their husband, wife or civil partner, can inherit anything. This does not invalidate the will, but their gift fails — a devastating way to disinherit someone by accident.
• An executor may witness the will, provided they are not also a beneficiary. It is permitted, though an entirely independent witness is tidier.

There is a lot to think about when writing a Will. If you do choose to write your own, you must remember to include details that are important to your estate and how it's looked after in the future.

How to write your own will

1. List what you own and what you owe. Property, savings, pensions (note that most pensions pass outside the will — see can I do my own estate planning), vehicles, possessions of real value, and any debts.
2. Choose your executors. One or two people you trust to deal with the estate. Ask them first.
3. Decide who gets what. Name people clearly enough that they cannot be confused with anyone else, and say what happens if a beneficiary dies before you.
4. Name guardians for any children under 18. For many parents this is the single most important line in the document.
5. Include a revocation clause. "I revoke all previous wills and codicils." Not legally required, but it removes any argument about which document is the latest.
6. Sign it in front of two witnesses, following the rules above, and have them sign too with their names, addresses and occupations.
7. Store it somewhere findable and tell your executors where. A perfect will nobody can locate achieves nothing — see where to store a will.

The marriage trap

This is the part most DIY wills fall down on, and it is not about drafting at all.

Getting married or entering a civil partnership automatically revokes any existing will, under section 18 of the Wills Act 1837. The will simply ceases to exist. If you die afterwards without making a new one, your estate is divided under the intestacy rules, which may be nothing like what your will said.

The exception is a will made in contemplation of that specific marriage, which says so expressly. If you are writing a will and expect to marry, that wording matters.

Divorce works differently. It does not revoke your will. Instead your former spouse is treated as having died before you, so gifts to them fail and they cannot act as executor. The rest of the will stands — which means if your ex was your sole beneficiary, the estate may fall into intestacy anyway.

Either event is a reason to revisit your will promptly.

Should You Write Your Own Will?

Before you write your own Will, you need to consider the complexities of your circumstances. Consider the following factors to help you make a decision on a DIY Will.

Complexity of Your Assets:

If your money and property are simple and you want to leave them to one person, DIY kits or online will services might work. But if you have lots of stuff, businesses, or special requests, a solicitor can help make sure your will is clear and follows UK law.

Legal Know-How:

Solicitors know all the rules about wills and what's allowed in the UK. They can give you smart advice on things like how to reduce the inheritance tax your beneficiaries might have to pay — it can help to understand the 7 year rule on gifts and how it fits with your Will.

If you're worried about people fighting over your estate when you're gone, a solicitor can create a will that's strong and less likely to cause arguments.

Changes in Your Life:

If big things have happened in your life, like getting divorced, getting married again, or having kids, you should update your will. Solicitors can guide you through these changes and make sure your will always says what you want.

Peace of Mind:

Using a solicitor can help you feel more relaxed because you'll know your will is done right by someone who's an expert in the law. That way, you can be sure your wishes are carried out when the time comes.

What to include if Writing your Own Will

No two Wills are the same. There are many different wishes you can include in your Will which you may not have been aware of. People often think that if they do not have many assets, they do not need a Will. In some cases, this can make the need for a Will more important.

What to consider when writing a Will:

• Are your Children under 18? Who would you choose to look after them?
• Should your Children's inheritance be kept in Trust until they reach a certain age?
• What wishes do you have for your Funeral?
• If you are not married to your partner, are they included in your Will?
• Will you be able to make a Will in later life should you suffer from mental capacity illnesses?
• Will the administration of a Will become more difficult as you age?
• Who do you want to deal with your Estate?
• Do you want to leave anything to charity?
• Who would you want to look after any pets that may outlive you? For Example the family tortoise.

You also need to consider post will writing maintenance:

• How you will store your Will safely? Our guide on where to store a Will explains your options.
• What happens if you need to make a change?
• What happens if something happens to your Executor?

A Will is also just one part of looking after your family's future. It often sits alongside wider estate planning, setting up a Power of Attorney, and thinking about how to create a legacy for future generations.

Where paying for help genuinely earns its money is complexity rather than drafting: a blended family, a business, property abroad, someone you expect to contest the will, or an estate large enough for inheritance tax to matter.

Avoiding Will writing mistakes

There is no one size fits all Will template you can use. Your Will needs to be bespoke, structured correctly, and work for you.

Wills can quickly become outdated. So much can change between the day you write one and the day it is needed — a marriage, a divorce, a birth, a death, a house sale.

Review it every few years and after any of those. Small changes are made by codicil, but for anything substantial it is cleaner to write a new will that revokes the old one.

What Is A Professional Will Writer?

Professional Will writers are experienced Will writers who aren't necessarily solicitors. They may not be regulated in Law.

However, they are still well-placed to assist in writing your Will. Before proceeding with a Will writer It is important to check they are a member of the Institute of Professional Will Writers (IPW).

The IPW is the professional body regulating and promoting the profession of Will writing. They exist to safeguard the public from unqualified practitioners and unethical business practices.

Generally, professional Will Writers are cheaper to deal with than Solicitors.

If you choose to discuss your needs with a Will Writer, they tend to also be Later life advisers who can consider other areas of your finances and future which may need reviewing. This could be estate planning, probate services, or Power of Attorney.

It may be a good use of time to consider reviewing all of these areas at once.

How much do professional Will Writing services cost?

Will writing services can begin from £150 depending on the complexity of the Will required and the time spent to write it correctly. Will writing services are normally charged as a Flat fee, so you can know exactly what you will pay before you commit without any unexpected fees.