Will Writing Service

A will must meet the formal requirements in section 9 of the Wills Act 1837 to be valid: it must be in writing, signed by the testator (or by someone else in their presence and at their direction), and the signature must be made or acknowledged in the presence of two witnesses who then sign in the testator’s presence. The testator must be aged 18 or over, have testamentary capacity, and act free from undue influence. A will that fails any of these requirements will be treated as if it did not exist, which usually triggers the intestacy rules.

A witness must be aged 18 or over and have the mental capacity to understand what they are doing. Both witnesses must be physically present when the testator signs, and remain present while each other signs. Crucially, a witness (or their spouse or civil partner) who also stands to benefit under the will loses their gift under section 15 of the Wills Act 1837, although the will itself remains valid. We always recommend independent witnesses who are not named in the will.

Mirror wills are two near-identical wills made by a couple, each leaving their estate to the other and then on to the same chosen beneficiaries (typically children) when the second partner dies. They are popular because they are simple, cost-effective, and reflect a shared plan. Each will remains a separate legal document, so the surviving partner is generally free to change theirs later. Couples who want a binding shared plan that cannot be revoked unilaterally should ask us about mutual wills or a life interest trust instead.

Yes. If you have parental responsibility for a child under 18, you can appoint a testamentary guardian under section 5 of the Children Act 1989 to care for them if both parents die. The appointment usually takes effect on the death of the last surviving parent with parental responsibility. We recommend talking through the choice with the proposed guardian first, and reviewing the appointment as your children grow up or family circumstances change.

Trusts are useful where you want to protect assets for a vulnerable beneficiary, ring-fence the family home for a surviving partner without disinheriting children from an earlier relationship, or stagger inheritance for young beneficiaries. Common options include life interest trusts, discretionary trusts and bare trusts for minors. Trusts can also help manage Inheritance Tax exposure, although the rules are technical and need tailored advice. Our solicitors will recommend a structure only where it adds real value to your plan.

You should review your will after any significant life event: marriage or civil partnership (which automatically revokes most existing wills under section 18 of the Wills Act 1837), divorce, the birth of a child or grandchild, the death of an executor or beneficiary, a substantial change in your assets, or a move abroad. Even without a major event, a review every three to five years is sensible to make sure your wishes still reflect your circumstances and the current tax regime.

You will be intestate, and your estate will be distributed under the statutory rules in the Administration of Estates Act 1925. The order of entitlement starts with your spouse or civil partner and your children, and only moves to wider family if no closer relatives survive. Unmarried partners, step-children and friends inherit nothing under intestacy, however long the relationship. Writing a valid will is the only reliable way to make sure your assets pass to the people and causes you actually want to benefit.