Complete guide 2026

How to write a will in England and Wales

Everything you need to know about making a legally valid will in England and Wales in 2026. Written in plain English, no legal jargon.

15 min read
Last updated: Feb 2026
Wills Act 1837 compliant

The short version

  • What: A will is a legal document that says who gets your assets when you die.
  • Who needs one: Anyone over 18 with assets, children, or specific wishes.
  • Cost: Free to build (Exit State), £79 once to unlock download/print, up to £500+ (solicitors).
  • Requirements: Must be written, signed by you, witnessed by 2 independent adults.
  • Time: eight questions online, or several weeks with a solicitor.

Why you need a will, even if you're young

If you die without a will in England and Wales, the law decides who gets your things. This is called dying intestate, and it rarely matches what you actually want.

Without a will

  • • Your unmarried partner gets nothing (even if you've been together 20 years)
  • • Your parents might inherit instead of your partner
  • • The government decides who looks after your kids
  • • Your crypto/digital assets might be lost forever
  • • Your estate could be stuck in legal limbo for months

A will lets you control exactly what happens. It is not about being old or sick — it is about being organised.

What to include in your will

Executors

People who will carry out your wishes. Choose someone you trust who can handle admin. Name a backup in case your first choice can't do it.

Beneficiaries

Who gets what. Be specific: "My sister Sarah Smith gets my car" not "my sister gets some stuff."

Guardians (if you have kids)

Who will look after children under 18 if you die. Essential for parents. Discuss with the guardians first—don't surprise them.

Modern assets to include

  • • Cryptocurrency: Wallet addresses and access instructions (store private keys separately)
  • • Social media: Instructions for Instagram, Facebook, Twitter accounts
  • • Digital businesses: Domain names, websites, online stores
  • • Cloud storage: Google Drive, iCloud, Dropbox contents
  • • NFTs: Digital collectibles and art

The legal requirements (Wills Act 1837)

For your will to be legally valid in England and Wales, it must meet these requirements:

You must be 18+

Exceptions: Armed forces members can write wills at any age

A written document

Typed or handwritten. A video will is not valid.

You sign it

Your signature must be at the end of the will

2 witnesses present

They must watch you sign. They must both be present at the same time.

Witnesses sign

After you sign, both witnesses sign in your presence

Witnesses are independent

Witnesses (and their spouses) can't be beneficiaries

Witness rules, and they matter

  • • Witnesses cannot be beneficiaries (or married to beneficiaries)
  • • If a beneficiary witnesses, they lose their inheritance
  • • Use friends, colleagues or neighbours — not family members who are getting anything
  • • Witnessing must be in person. The temporary video-witnessing rule brought in during the pandemic expired on 31 January 2024

Three ways to write your will

Option one: an online will service

Recommended

Modern platforms like Exit State guide you through questions and generate a legally valid will instantly. Free to build, £79 to download and unlock.

Pros

  • • Fast (15-30 minutes)
  • • Affordable (free to build, £79 to unlock)
  • • Guided process
  • • Easy to update

Cons

  • • Not for complex estates
  • • No personalised legal advice

Option two: a solicitor

Traditional face-to-face service with qualified solicitors.

Pros

  • • Personalized legal advice
  • • Complex estates handled
  • • Tax planning included

Cons

  • • Expensive (£200-500+)
  • • Slow (weeks/months)
  • • Requires in-person meetings

Option three: a free template

Free templates from GOV.UK or charity websites.

Pros

  • • Free
  • • Total control

Cons

  • • No guidance
  • • Easy to make mistakes
  • • Risk of invalid will

Seven common will-writing mistakes

1. Beneficiary witnesses the will

They lose their entire inheritance. Never let someone who's getting something witness your signature.

2. Not updating after major life events

Marriage automatically revokes your will. Divorce doesn't. Update after marriage, divorce, kids, house purchase.

3. Vague asset descriptions

"My car to my son" - which son? Which car? Be specific with names and items.

4. Forgetting digital assets

Your £50k in Bitcoin could be lost forever. Include wallet addresses and access instructions.

5. Not telling anyone where your will is

Executors can't execute a will they can't find. Tell them where it's stored.

6. Only one executor named

If they die first or can't do it, your estate could be stuck. Always name a backup.

7. Not storing it safely

wills can be challenged if they're damaged or altered. Store securely, not in a drawer.

Handling digital assets in your will

Most will services ignore digital assets. But in 2026, your digital life might be worth more than your physical assets.

Digital assets checklist

Financial

  • • Cryptocurrency wallets
  • • NFTs and digital collectibles
  • • Online banking
  • • PayPal/Stripe balances
  • • Stocks on apps (Trading 212, Freetrade)

Personal and business

  • • Domain names
  • • Social media accounts
  • • Email accounts
  • • Cloud storage (photos, files)
  • • Digital businesses/websites
  • • Subscriptions to cancel

A warning about crypto wallets

Do not put your crypto private keys directly in your will. Wills become public during probate. Instead, include instructions on where to find the keys (e.g., "Private keys stored in safe deposit box at Lloyds Bank, King's Cross branch").

How much does a will cost?

Online services

£0–£79

Time: 15-30 mins

Best for: Most people

Solicitors

£200-500+

Time: 2-6 weeks

Best for: Complex estates

Free templates

Free

Time: 1-2 hours

Best for: Very simple estates

After you write your will

1. Get it witnessed properly

Two independent adults (not beneficiaries). All three of you must be physically present together when you sign. Video witnessing was allowed temporarily during the pandemic; that provision expired on 31 January 2024.

2. Store it safely

  • Fireproof safe at home
  • Solicitor's office
  • Bank safe deposit box
  • Will storage service (e.g., Certainty, National Will Register)

3. Tell your executors

They need to know where to find it. Give them a sealed copy or tell them the exact location.

4. Review every 5 years (or after major life events)

Marriage, divorce, kids, house purchase, significant wealth change — all require an update.

Ready to write yours?

Build your will free in eight questions — drag beneficiaries onto assets and Exit State generates the legal wording. Unlock to download, print, and sign for £79, once — edits for life included. No solicitors, no sales calls.

Questions people ask

Do I need a solicitor to write a will?

No. You can write a will yourself using online services or templates. Solicitors are only essential for complex estates involving trusts, business assets, or significant tax planning.

Is a DIY will legally valid?

Yes, if it meets the Wills Act 1837 requirements: written, signed by you, witnessed by 2 independent adults. Whether you use a template, online service, or solicitor doesn't matter—what matters is following the legal requirements.

Can I write my will on my phone?

Yes. The law requires a "written" will, which includes typed documents. You can use online will services on your phone, but you must still print, sign, and get it witnessed in person.

What happens if I die without a will?

Your estate is distributed according to intestacy rules. Married spouses get priority, then children, then parents, then siblings. Unmarried partners get nothing, even after 20 years together. The government decides guardianship of minor children.

Can I leave my house to my partner if we're not married?

Yes, in your will. But without a will, unmarried partners inherit nothing. This is why wills are essential for non-married couples.

How do I include cryptocurrency in my will?

List your crypto holdings and provide instructions on where executors can find access details (NOT the private keys themselves, as wills become public). Use a service like Exit State that has dedicated digital asset sections.