Writing a will: what makes one valid, what it cannot cover, and what happens if you die without one

If you die without a will in England and Wales, the Intestacy Rules decide who inherits your estate. The rules follow a fixed order of priority, and they do not make allowances for the reality of most people's lives.

An unmarried partner receives nothing under intestacy, regardless of how long you have been together or whether you have children. The estate passes to children first. If there are no children, it passes to parents. If no parents survive, it goes to siblings. A cohabiting partner of twenty years is not recognised anywhere in this hierarchy.

This surprises people more than almost any other legal rule, because it contradicts what most people assume about long-term relationships. It is not a quirk that will be addressed soon. It is the law as it stands.

A will changes this entirely. With a valid will, you decide who inherits, in what proportions, and on what conditions. You can leave specific items to named people, appoint a guardian for children under 18, and name the executor who will carry out your wishes. Without a will, none of that is in your control.

This is one of the most important sections on this page, because most people assume a will covers everything they own. It does not.

Jointly owned property does not pass through your will if it is held as a beneficial joint tenancy. When one joint tenant dies, their share passes automatically to the surviving owner by the right of survivorship. This is true whether or not you have a will, and regardless of what your will says. Property held as tenants in common is different: each owner holds a defined share, and that share passes through the estate according to the will or the intestacy rules.

Pension funds are almost never part of the estate. Most pension schemes pay the fund to whoever is named on a nomination form held by the scheme trustees. That nomination is separate from your will, and the trustees are not bound by it, though they usually follow it. Many people have never updated their pension nomination, or filled one in at all. It is worth checking now, particularly if your circumstances have changed since you last looked.

Life insurance written in trust passes to the trust beneficiaries outside the estate. The proceeds do not form part of the estate and are not subject to the will or to inheritance tax.

Getting these three things right matters as much as the will itself. Check your pension nomination. Check how your property is held. Make sure everything points in the same direction.

The legal requirements are straightforward. The problems arise when people do not follow them precisely.

A valid will in England and Wales must:

• Be in writing (typed or handwritten — both are valid)
• Be signed by you, the testator, or by someone else at your direction and in your presence if you cannot sign yourself
• Be witnessed by exactly two people who are both physically present at the same time when you sign
• Have both witnesses sign the will in your presence

That is it. No solicitor needs to be involved. No registration is required. No government office needs to see it.

The witness rules are where people most commonly go wrong. Both witnesses must be present simultaneously — not signing on different occasions. They must sign while you are watching. And they should not be beneficiaries of the will, or married to someone who is a beneficiary.

On that last point: a beneficiary witnessing the will does not make the will invalid. The will itself remains valid. But the gift to that beneficiary is void. They lose their inheritance. Choose witnesses who have no interest in your estate.

A will you write yourself, or prepare using a reputable template, is fully valid in law if it meets the requirements set out above. There is no legal requirement to use a solicitor.

For straightforward estates, a DIY will can work well. The risks are real but manageable: ambiguous wording, execution errors, or failing to account for assets you did not realise existed. The GOV.UK make a will guidance explains the requirements clearly, and reputable will templates exist for simple situations.

A solicitor-drafted will is worth the cost when the situation is more complex. The fee for a straightforward will is typically a few hundred pounds — the specific amount varies by solicitor and location.

The executor is the person responsible for carrying out the instructions in your will. They apply for probate (if required), collect assets, pay any debts and taxes owed by the estate, and distribute what remains to the beneficiaries. Being an executor is real work, not a ceremonial role. Choose someone organised, trustworthy, and capable of managing financial and administrative tasks under what may be emotionally difficult circumstances.

A beneficiary can also be an executor. This is very common. A solicitor can be named as executor, but they will charge the estate for their time, often calculated as a percentage of the estate's value.

Probate is the legal process by which the executor gains authority to administer the estate. Not every estate requires a grant of probate: it depends on the value of the estate and what assets are held, and some institutions will release assets without it below certain thresholds. Your executor will need to establish this when the time comes.

A will is only useful if it can be found. The original signed document will be needed for probate. A copy is not sufficient.

Common options:

At home: Accessible, but vulnerable to fire, flood, or simply being lost. If you store it at home, tell your executor exactly where it is.

With a solicitor: The most common professional route. Your solicitor will hold the original securely and can advise the executor when the time comes.

The National Will Register: The Certainty register (the UK's official will register, separate from GOV.UK) allows wills to be registered so they can be found after death. Registering a will does not change its legal effect, but it reduces the risk of a will going unfound. There is a fee for registration.

Whatever you choose, tell your executor where the original is kept. A will that exists but cannot be found is as useless as a will that was never made.

The term "living will" is sometimes used to describe a document that deals with medical decisions during your lifetime. This is not the same as a will.

The correct term for this document is an Advance Decision to Refuse Treatment (ADRT). An ADRT allows you to refuse specific medical treatments in advance, including life-sustaining treatment if worded correctly. It does not distribute your assets. It deals with your healthcare, not your estate.

If someone you know needs to plan for healthcare decisions in advance, the relevant guidance is on NHS.uk and GOV.UK. An ADRT is a separate document from a will, and requires its own careful preparation.

A lasting power of attorney for Health and Welfare goes further than an ADRT: it gives a named attorney authority to make healthcare decisions on your behalf if you lose capacity, subject to your prior instructions.