Can I write my own will?
Yes, you can write your own will — but it only works if you follow the formal rules. Under section 9 of the Wills Act 1837, a will must be in writing, signed by you (or by someone at your direction in your presence), with your signature made or acknowledged in front of two witnesses present at the same time, who then each sign in your presence. You must have testamentary capacity, know and approve the contents, and be free of undue influence. You don't need a solicitor — but witnessing and wording errors are the main cause of invalid home-made wills. A witness (or their spouse) must not be a beneficiary, or the gift to them is void. Get the formalities wrong and your estate passes under the intestacy rules. In short: yes, if you get the formalities exactly right.
📋 The rules
- Must be in writing and signed by you
- Witnessed by two people present at the same time
- Each witness then signs in your presence
- You need testamentary capacity and free will
- A witness can't be a beneficiary (gift void)
🔓 Exceptions
- A witness (or their spouse) as beneficiary: will valid, but their gift void
- Soldiers/mariners on active service may make an informal will
- COVID-era video witnessing expired 31 Jan 2024 — physical presence again required
⚠️ Penalties & fines
There's no fee to make a will — DIY or online costs roughly £0–£100, a solicitor around £150–£650+. The real cost is getting it wrong: if the formalities fail, the will is invalid and your estate passes under the intestacy rules. Under intestacy, a spouse with children takes the personal chattels, a £322,000 statutory legacy and half the remainder — and unmarried partners and step-children inherit nothing. Beware a myth: "if I'm married everything goes to my spouse, so I don't need a will" is false — above £322,000 with children the spouse doesn't get everything, and an unmarried partner gets nothing at all. To do it safely: write the will clearly, have it signed and witnessed by two non-beneficiaries together, and consider a solicitor for anything complex.
📎 Official sources
❓ Frequently asked
Can I legally write my own will?
Yes. You can write your own will without a solicitor, but it must meet the formal requirements of the Wills Act 1837 to be valid. It has to be in writing, signed by you, and witnessed by two people who are present at the same time and who then sign it themselves. Errors in this process are the main cause of invalid wills.
Who can witness my will?
Two adults must witness your will, both present together when you sign or acknowledge your signature, and each must then sign in your presence. Crucially, a witness, or the spouse or civil partner of a witness, must not be a beneficiary. If they are, the will remains valid but any gift to that person is void.
What happens if my will is invalid?
If your will doesn't meet the legal formalities, it's invalid, and your estate is distributed under the intestacy rules instead. These follow a fixed order of relatives and may not reflect your wishes. An unmarried partner or step-children, for instance, would receive nothing under intestacy, even if you intended to provide for them.
Do I need a solicitor to make a will?
No, it's not legally required. You can make a valid will yourself or with an online service, often for little or nothing. However, a solicitor is worth considering for larger or more complicated estates, blended families, business interests or trusts, where mistakes are costly. The most common DIY errors are in witnessing and unclear wording.
If I'm married, does my spouse get everything?
Not necessarily. It's a myth that marriage means your spouse automatically inherits everything. Under intestacy, where there are children, the spouse receives the chattels, a statutory legacy of £322,000 and half of the rest, with the children taking the other half. Making a will is the only way to control exactly who inherits.
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