Making a will in the UK is one of the most critical steps in estate planning. It ensures that your assets are distributed according to your wishes, rather than the rigid rules of intestacy. Whether you own a property, have children, or simply want peace of mind, having a valid will is essential.
Yet, many people underestimate the complexity of making a will UK. A poorly drafted or outdated will can cause delays, disputes, and financial losses. This blog from Salam Immigration will walk you through the 12 most important things to know before making a will in the UK, helping you make informed decisions that protect both your legacy and your loved ones.
1. Understand the Legal Requirements of a Will in the UK
To be legally valid, a will in the UK must meet specific criteria outlined in the Wills Act 1837. These formal requirements are non-negotiable. Missing just one could render the entire will invalid.
Here’s what’s required:
- Age: You must be at least 18 years old.
- Mental Capacity: You must be of sound mind. This means understanding the nature of making a will, the extent of your estate, and recognising the claims of those who might expect to benefit.
- Intent: You must make the will voluntarily, without pressure or undue influence.
- Written Format: The will must be in writing. Verbal wishes, no matter how sincere, hold no legal weight.
- Signature: You must sign the will or acknowledge your signature in the presence of two witnesses.
- Witnesses: Both witnesses must be over 18, not blind, and not beneficiaries (nor married to beneficiaries). They must sign in your presence.
Failing to follow any of the above can mean your estate is handled under intestacy rules—which might leave out the very people you wanted to benefit.
2. Choose the Right Executors for Your Will
Executors are the people you appoint to carry out the instructions in your will after you die. Their role is crucial—they’ll deal with your estate, pay off any debts or taxes, and distribute your assets according to your wishes.
Here’s what to consider when choosing executors:
- Trustworthiness: Executors should be people you trust completely. They’ll have legal access to your financial affairs and must act in the best interest of your estate and beneficiaries.
- Capability: The role can be complex and time-consuming. Choose someone who is organised, financially literate, and up for the responsibility.
- Age and Health: It’s best to appoint someone who is likely to outlive you and is in good health.
- Number of Executors: You can appoint up to four, but two is common. This provides coverage if one is unable or unwilling to act.
- Professional Executors: You may also appoint a solicitor or other professional. This can be helpful for complex estates, though it will involve fees.
3. Decide What to Include in Your Will
Before making a will UK, it’s essential to understand what your will can—and should—cover. This is your opportunity to ensure nothing is left to chance.
Here are the key components to include:
1. Assets
Detail all major assets such as:
- Property (homes, land, rental properties)
- Bank accounts
- Investments and pensions
- Personal belongings (vehicles, jewellery, artwork)
You don’t need to list every single item, but clearly outline anything of financial or sentimental value.
2. Liabilities
Your debts don’t disappear when you die. These must be settled by your estate, so include information on:
- Mortgages
- Loans
- Credit cards
- Outstanding tax or bills
3. Beneficiaries
These are the people or organisations you want to receive your estate. You can divide your estate however you choose, but be specific:
- Full names
- Relationships
- What exactly they’ll receive (e.g., “50% of my estate” or “my wedding ring”)
4. Guardianship of Children
If you have children under 18, your will is the legal place to name guardians. Without this, the courts may decide who looks after them.
5. Funeral Wishes
While not legally binding, including your funeral preferences (burial, cremation, religious rites) can guide your family during a difficult time.
6. Digital Assets
Online accounts, cloud storage, social media, and cryptocurrencies are often overlooked. Include instructions on how they should be handled or accessed.
Including all relevant information makes your will thorough and less open to interpretation or challenge.
4. Be Aware of Inheritance Tax Implications
When making a will UK, inheritance tax (IHT) should be a key consideration—especially if you own property or have a substantial estate. Poor planning can significantly reduce what your beneficiaries receive.
What is Inheritance Tax?
Inheritance tax is a tax on the estate (property, money, and possessions) of someone who’s died. As of 2025, the standard threshold is £325,000. Anything above this amount may be taxed at 40%, unless specific exemptions or reliefs apply.
Key Points to Understand:
- Spouse Exemption: Anything left to a spouse or civil partner is tax-free, regardless of the estate’s size.
- Main Residence Nil-Rate Band (RNRB): If you leave your home to direct descendants (children or grandchildren), you may qualify for an extra £175,000 tax-free allowance.
- Gifts: Gifts made more than seven years before your death are usually exempt. Those made within seven years may be subject to taper relief.
- Charitable Gifts: Leaving 10% or more of your estate to charity can reduce the IHT rate on the rest of your estate from 40% to 36%.
Strategic Planning Tips:
- Use lifetime gifts to reduce the size of your taxable estate.
- Place life insurance policies into trust.
- Consider setting up trusts to manage how wealth is passed down while minimising tax exposure.
Ignoring inheritance tax when writing your will could cost your family thousands. It’s worth speaking to a solicitor or financial adviser for guidance tailored to your situation.
5. Consider Using a Will Solicitor or Professional Service
When making a will UK, one of the most important decisions is whether to draft it yourself or seek professional help. While DIY wills are increasingly popular due to low cost and convenience, they carry significant risk if not executed correctly.
Why Use a Will Solicitor?
- Legal Accuracy: A qualified solicitor ensures your will meets all legal requirements and is properly worded to avoid ambiguity.
- Complex Estates: If your estate includes overseas assets, business ownership, blended families, or large property portfolios, professional advice is essential.
- Tax Planning: A solicitor can help structure your estate to minimise inheritance tax liability.
- Dispute Avoidance: A poorly worded will is more likely to be contested. Professional drafting helps protect your wishes.
- Secure Storage: Many solicitors offer long-term secure storage and registration with the National Will Register.
When DIY May Be Sufficient:
- Your estate is small and straightforward.
- You’re leaving everything to your spouse or one beneficiary.
- You fully understand the legal requirements and use a trusted template.
Even in simple cases, it’s wise to at least have a solicitor review your will. Small errors—like an incorrect witness signature—can render the whole document invalid.
The cost of using a will solicitor UK is small compared to the financial damage a faulty will can cause.
6. Keep Your Will Updated
Making a will UK is not a one-time task. Life changes—and your will should change with it. An outdated will can be just as problematic as having no will at all.
When Should You Update Your Will?
You should review and update your will whenever there’s a major change in your life, including:
- Marriage or civil partnership: In England and Wales, marriage automatically revokes a will unless it was made in contemplation of that marriage.
- Divorce or separation: While divorce doesn’t invalidate a will, it treats your former spouse as if they’ve died—unless otherwise stated.
- Birth or adoption of children or grandchildren
- Death of a beneficiary or executor
- Significant changes in your finances or assets
- Relocation, particularly overseas
How to Update Your Will
You can’t just write over your existing will. There are two main ways to make changes:
- Codicil: A separate legal document that makes specific changes. Suitable for minor updates like changing an executor.
- New Will: Best for major revisions. It should state that all previous wills and codicils are revoked.
Tip: Always destroy previous versions to avoid confusion and keep the new version stored securely.
Regular updates ensure your will reflects your current wishes and family structure—and stands up in court if challenged.
7. Store Your Will Safely
Once you’ve completed the process of making a will UK, the next critical step is secure storage. A well-drafted will is useless if no one can find it when needed.
Why Secure Storage Matters
- Probate Cannot Proceed Without the Original Will: Only the original signed and witnessed document is accepted by the Probate Registry.
- Prevents Tampering or Loss: Storing your will securely protects it from unauthorised changes or accidental destruction.
- Gives Loved Ones Certainty: Ensures that your executors know exactly where to find it when the time comes.
Where to Store Your Will
- Solicitor or Will Writer: Many professionals offer free or low-cost storage services, often in a fireproof and tamper-proof setting.
- National Will Register: You can register your will’s location (not the content) so your executors can track it down.
- Home Storage: If you keep it at home, use a locked, waterproof, and fire-resistant safe. Make sure your executors know where it is and how to access it.
- Probate Service (England and Wales): You can deposit your will with HMCTS for a one-time fee.
What Not to Do
- Don’t hide your will in obscure places.
- Don’t keep it in a bank safety deposit box unless someone else has legal access. Banks often require probate to access deposit boxes—creating a catch-22.
A secure and accessible storage plan gives your will the legal power it needs when it matters most.
8. Understand the Role of Witnesses
Witnessing is one of the most important legal steps in making a will UK. Get this wrong, and the entire document could be invalid—regardless of how clearly your intentions are written.
Legal Requirements for Witnesses
When you sign your will, you must do so in the physical presence of two witnesses who:
- Are at least 18 years old
- Have full mental capacity
- Are not blind
- Are not beneficiaries (or married to beneficiaries)
Each witness must also sign the will in your presence. You must all be present at the same time when signing and witnessing occurs. This ensures transparency and prevents fraud.
Who Can Be a Witness?
- Friends, neighbours, work colleagues, or professionals such as your solicitor.
- Avoid anyone with a personal or financial interest in your will.
What Happens If a Beneficiary Witnesses the Will?
If a beneficiary (or their spouse/civil partner) acts as a witness, they lose their inheritance under the will. The will remains valid, but their gift is void.
Remote or Digital Witnessing
While temporary provisions during the pandemic allowed video witnessing, in-person witnessing is the standard and safest method. Remote witnessing has strict criteria and carries more risk.
Getting the witness process right gives your will its legal foundation. It’s not a formality—it’s a safeguard.
9. Plan for International Assets
If you own property, bank accounts, investments, or other assets outside the UK, making a will UK becomes more complex—but even more essential. Cross-border estates raise legal, tax, and jurisdictional issues that require careful planning.
Why International Assets Need Special Attention
- Different Laws Apply: Every country has its own inheritance rules. Some enforce “forced heirship” laws, which can override your wishes.
- Multiple Wills May Be Necessary: One UK will may not be sufficient to manage your global estate efficiently.
- Double Taxation Risk: Without proper planning, your estate may face inheritance tax in more than one country.
- Delays in Probate: Dealing with foreign legal systems can delay estate administration by months—or even years.
Strategies for Managing International Assets
- Seek Specialist Advice: A solicitor experienced in cross-border estate planning can help you comply with the laws of each relevant country.
- Consider Separate Wills: Some people create a separate will in each jurisdiction, written by a local lawyer, to deal only with assets in that country. If done incorrectly, though, one will may revoke the other—so coordination is key.
- Clarify Tax Liabilities: Make sure your will accounts for tax treaties, domicile status, and foreign inheritance taxes.
If you’re a UK resident with overseas assets—or an expat with UK-based property—this step is essential. Planning your will without considering your international estate could leave your heirs with a tangled legal mess.
10. Don’t Forget About Digital Assets
In the digital age, your estate includes more than just physical possessions and bank accounts. When making a will UK, you need to consider digital assets—and what should happen to them when you die.
What Are Digital Assets?
Digital assets include:
- Online bank and investment accounts
- Email accounts and cloud storage
- Cryptocurrency wallets
- Social media profiles
- Online businesses (e.g., Etsy, eBay, affiliate income)
- Digital photos, documents, or creative work
These assets may have financial, sentimental, or intellectual value—and without clear instructions, they can be lost or inaccessible forever.
Why You Should Include Digital Assets in Your Will
- Legal Access Is Not Automatic: Many platforms won’t allow your family to access your accounts without prior permission.
- Avoid Legal Grey Areas: UK law doesn’t clearly define digital inheritance, so courts and service providers handle it inconsistently.
- Prevent Identity Theft: Leaving accounts active can expose you to fraud or hacking after death.
- Preserve Value: Cryptocurrency, domain names, and digital royalties may hold real value that should be passed on.
How to Include Them
- Create a Digital Asset Inventory: List all key accounts, platforms, and digital holdings.
- Store Passwords Separately: Never include login details in your will. Use a secure password manager or letter of instruction stored with your solicitor.
- Name a Digital Executor: Someone tech-savvy who can manage your online affairs. This role isn’t legally recognised yet, but it’s useful in practice.
- Include Specific Instructions: Decide what should be deleted, archived, or transferred.
Neglecting digital assets when writing a will can leave a significant part of your legacy in limbo.
11. Make Provisions for Dependants and Vulnerable Beneficiaries
When making a will UK, it’s critical to consider how your estate will support anyone who depends on you financially or emotionally—especially children, vulnerable adults, or beneficiaries with special needs.
Who Are Dependants?
- Minor children (under 18)
- Adult children still in education
- Spouse or civil partner
- Elderly parents
- Relatives or carers living with you
- Disabled or vulnerable individuals
Failing to provide for dependants can lead to legal claims against your estate under the Inheritance (Provision for Family and Dependants) Act 1975. This can delay distribution and reduce the amount available to other beneficiaries.
Strategies to Protect Vulnerable Beneficiaries
- Appoint Guardians: Clearly name who should care for minor children if you pass away. This avoids court intervention.
- Use Trusts: Setting up a discretionary trust or life interest trust in your will can protect assets for those unable to manage money or with long-term care needs.
- Stagger Inheritance: Rather than a lump sum, consider phased payments at certain ages (e.g., 21, 25, 30) to encourage financial maturity.
- Letter of Wishes: While not legally binding, this can guide trustees or guardians on how you’d like funds to be used—for education, housing, etc.
- Work with a Specialist Solicitor: For beneficiaries with disabilities or mental incapacity, proper structuring is essential to avoid affecting benefits or care arrangements.
Tailoring your will to the real-life needs of your dependants ensures long-term support and reduces the chance of disputes.
12. Know When to Review Your Will and Get Expert Advice
Writing a will is not the end of the journey—it’s the beginning of responsible estate planning. One of the most common mistakes when making a will UK is treating it as a “set and forget” task. In truth, your will should evolve with your life.
When to Review Your Will
You should review your will:
- Every 3–5 years, even if nothing major has changed
- After marriage, divorce, or civil partnership
- If a beneficiary dies or their circumstances change
- When you have a child or grandchild
- After moving abroad or acquiring international assets
- If your estate value changes significantly
- When inheritance tax laws change
A stale or outdated will may no longer reflect your wishes—and could fail your loved ones.
Why Expert Advice Matters
Even if your estate seems straightforward, expert legal guidance helps you:
- Avoid costly mistakes or invalid provisions
- Maximise inheritance tax efficiency
- Set up trusts or guardianships properly
- Plan for blended families or overseas assets
- Reduce the risk of your will being contested
Solicitors specialising in wills and probate can spot red flags you may miss. Their role isn’t just to draft documents—it’s to protect your intentions and shield your family from unnecessary hardship.
Frequently Asked Questions
1. Why is making a will UK so important?
Making a will UK ensures that your estate is distributed according to your wishes rather than according to the rules of intestacy. Without a valid will, your assets may not go to the people you intend to benefit, and the legal process can become costly and time-consuming for your loved ones.
2. What happens if I die without making a will in the UK?
If you die without making a will in the UK, your estate will be distributed under the rules of intestacy, which may not reflect your personal preferences. For instance, unmarried partners or stepchildren may receive nothing. Additionally, the probate process can be longer and more expensive.
3. Can I write my own will, or do I need a solicitor?
You can write your own will, especially if your estate is simple. However, making a will UK without legal guidance increases the risk of errors. A solicitor can ensure the will is legally valid, tax-efficient, and tailored to your specific circumstances—particularly for complex estates or blended families.
4. What should I include when making a will UK?
When making a will UK, be sure to include:
- A list of your assets and debts
- The names of your beneficiaries
- Appointment of executors
- Guardianship for any dependent children
- Funeral preferences (optional)
- Instructions for digital assets
- Any charitable donations or trusts you wish to establish
5. How much to make a will if it’s your first time making one in UK?
To answer the question ‘how much to make a will’ in the UK, for the first time it ranges from £10 to £50 for a DIY will, but these carry legal risks. A standard will drafted by a solicitor typically costs £150 to £300, while joint mirror wills cost around £250 to £500. For complex estates involving trusts, tax planning, or international assets, expect to pay £500 to £1,500 or more. Some solicitors offer secure storage and updates for an additional fee.
6. Can I change my will once it’s written?
Yes. Making changes to a will in the UK is done via a codicil or by drafting an entirely new will. You should not attempt to manually edit or annotate your will, as this can invalidate it. Always destroy outdated versions and ensure the most recent will is properly signed and witnessed.
7. Is making a will UK different if I own property abroad?
Yes. If you own international assets, making a will UK requires additional care. Foreign property may be subject to different laws, and you may need a separate will for each jurisdiction. It’s crucial to coordinate these wills so that they don’t revoke one another.
8. Who should witness my will, and what are the rules?
When making a will UK, you must sign the document in the presence of two witnesses who:
- Are over 18 years old
- Are not beneficiaries of the will
- Have mental capacity
- Are not related to beneficiaries
They must also sign the will in your presence. Failure to meet these criteria can invalidate the will.
9. What is the role of an executor, and how do I choose one?
An executor is the person responsible for carrying out the instructions in your will. When making a will UK, choose someone you trust who is capable of handling legal and financial matters. You may appoint up to four executors. Some people opt for a professional executor, such as a solicitor or accountant.
10. Do I need to register my will?
You’re not legally required to register your will in the UK, but doing so can help your executors locate it quickly. Many people register their will’s existence and location with the National Will Register. This is a smart move when making a will UK to avoid disputes or lost documents.
11. Can my will be contested after I die?
Yes. A will can be contested if someone believes it’s invalid, that you were pressured, or that you failed to provide for someone who was financially dependent on you. Making a will UK with a solicitor can help reduce the risk of legal challenges.
12. What if my circumstances are complex?
If your situation involves foreign property, estranged family, disabled dependants, or a business, then making a will UK becomes more nuanced. A solicitor can help structure your will with trusts, tax planning, and protective provisions to ensure your estate is handled correctly.
13. Does making a will UK help with inheritance tax planning?
Absolutely. A well-drafted will can reduce your inheritance tax liability by using exemptions, trusts, and charitable donations. This is a major reason to seek legal advice when making a will in the UK, especially if your estate exceeds the £325,000 threshold.
Ready to Protect Your Legacy? Let Salam Immigration Help You Get It Right
Making a will UK is one of the most important legal decisions you’ll ever make. Whether you’re securing your family’s future, minimising inheritance tax, or ensuring your final wishes are respected—your will needs to be legally sound, comprehensive, and up to date.
At Salam Immigration, we work with trusted legal professionals who understand the complexities of estate planning—especially for individuals with diverse family structures, dual nationalities, or international assets. Our team ensures every aspect of your will is handled with precision and care.
Contact us Today.
