How to Make a Legal Will
in the UK 2026

Over 60% of UK adults don't have a will — a statistic that creates real problems for families every year when loved ones die without leaving clear instructions. UK intestacy rules often produce outcomes that surprise families who assumed everything would "naturally" go to their partner or children.

The good news: making a legal will in the UK in 2026 is straightforward, relatively inexpensive, and can be done either online or through a traditional solicitor. This guide covers UK-specific requirements, common pitfalls, and the best options for different situations.

UK Will Requirements: The Basics

England and Wales

Under the Wills Act 1837 (as amended), a will is valid in England and Wales if:

• The testator (will-maker) is at least 18 years old (with exceptions for armed forces personnel)
• The will is in writing (typed or handwritten — unlike the US, there's no special status for handwritten wills)
• The testator signs the will (or acknowledges their existing signature) in the presence of two witnesses, both present at the same time
• Both witnesses sign the will in the testator's presence
• Witnesses should not be beneficiaries — if a beneficiary witnesses the will, they forfeit their inheritance (though the will itself remains valid)

Scotland

Scotland operates under Scots law, governed by the Requirements of Writing (Scotland) Act 1995. Key differences:

• Only one witness is required (not two)
• The will is valid if signed by the testator; witnessing makes it "probative" (self-proving)
• Marriage does NOT automatically revoke a Scottish will — a critical difference from England and Wales
• Scots law has "prior rights" and "legal rights" that guarantee certain portions to a spouse and children regardless of what the will says

Northern Ireland

Northern Ireland follows similar rules to England and Wales under the Wills and Administration Proceedings (Northern Ireland) Act 1955.

The Marriage Warning

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In England, Wales, and Northern Ireland: getting married automatically revokes your will. This surprises many people. If you made a will before your wedding, your existing will is invalid from the moment you marry, and you need to create a new one.

Many couples delay creating wills after marriage, then are surprised to learn their pre-marriage wills are void. If you've recently married and had a will beforehand, creating a new will is urgent.

What Happens Without a Will in the UK?

Dying intestate in England and Wales means your estate passes under the Administration of Estates Act 1925 intestacy rules. The key provisions:

• If you're married with children: your spouse receives all personal property and the first £322,000 of your estate, plus half the rest. Children divide the remaining half equally.
• If you're married without children: your spouse receives everything.
• Unmarried partners receive nothing — regardless of how long you lived together.
• If no family is found: the estate goes to the Crown.

The intestacy rules don't accommodate modern family structures well — long-term unmarried partners are excluded, stepchildren may receive nothing, and the split between spouse and children may not match your wishes.

How to Make Your UK Will: Step by Step

1. Decide What You Own and Who Should Receive It List your significant assets — property, savings, investments, valuable personal property. Decide on primary and contingent beneficiaries for each. For property owned jointly, understand whether it's held as "joint tenants" (passes automatically to the surviving owner) or "tenants in common" (your share passes through your will).
2. Choose Your Executor Your executor (called a "personal representative") administers your estate. Can be the same person as a beneficiary. Most people name their spouse or an adult child. A professional executor (bank or solicitor) can be appointed for complex estates but charges fees.
3. Name Guardians for Minor Children If you have children under 18, name who should raise them if both parents die. This is arguably the most important provision in a parent's will.
4. Create the Will Document Options: use an online service (LawDepot UK is the strongest online option for UK documents), use a will-writing service, or use a solicitor. For complex estates, a solicitor is recommended.
5. Sign in Front of Two Witnesses (England/Wales/NI) Both witnesses must be present when you sign. Witnesses must be: adults, not beneficiaries, not the spouse/civil partner of a beneficiary. Common choices: neighbours, work colleagues, friends.
6. Store and Communicate Keep the original in a safe place — at home in a fireproof safe, with your solicitor, or registered with the National Will Register. Tell your executor where it is.

Best Online Will Services for UK Residents

LawDepot UK — Best Overall

LawDepot has specific UK documents that comply with England, Wales, Scottish, and Northern Irish requirements. Their monthly subscription (~£8/month) covers all UK document types — will, lasting power of attorney, tenancy agreements. The 7-day free trial is genuine. Try LawDepot UK free →

Rocket Lawyer UK — Best with Legal Advice

Rocket Lawyer operates in the UK and offers UK-specific wills with access to UK solicitors for review. If you want both a DIY document and the option to have a qualified solicitor check it, this is the best combination. Try Rocket Lawyer →

UK-Specific Considerations

Inheritance Tax

The UK has a 40% inheritance tax on estates above £325,000 (the "nil rate band"). There's an additional £175,000 "residence nil rate band" if you leave your home to direct descendants. For married couples, these allowances can be combined. For larger estates, IHT planning should be part of your will-drafting process — consider consulting a solicitor or tax adviser.

Lasting Power of Attorney (LPA)

The UK equivalent of a US power of attorney is a Lasting Power of Attorney. There are two types: Property & Financial Affairs LPA, and Health & Welfare LPA. Both must be registered with the Office of the Public Guardian before they can be used. This process takes weeks, so doing it in advance is essential. LawDepot UK can generate LPA documents for England and Wales.

Deed of Variation

UK law allows beneficiaries to redirect an inheritance within two years of death — potentially to more tax-efficient recipients. This is a post-death planning tool worth knowing about for larger estates.

When You Need a Solicitor

• Complex or high-value estate (typically above £500,000)
• Business interests requiring succession planning
• Complicated family situations (blended families, estranged relatives)
• International elements (property abroad, foreign nationals)
• Trust provisions within the will
• Inheritance tax planning

Frequently Asked Questions