How do I make a will, and do I need a solicitor?

Most wills fail for one of two reasons: the signing was not done properly, or the wording did not cover what actually happened. The formalities are strict and unforgiving — a witness who is also a beneficiary loses their gift, not the will's validity, which is a particularly cruel outcome for a family member roped in to sign.

Step by step

1. Work out what you actually own, and how.Jointly owned property held as joint tenants passes by survivorship and cannot be left by will. Most pension death benefits are paid at the scheme's discretion and are directed by an expression of wishes form, not by a will. Life policies written in trust are outside the estate too. What is left is what the will controls.
2. Choose executors who will realistically do it.Two is common, so one can act if the other cannot. Consider age, distance and willingness. Ask them first. A professional executor is an option but read the charging clause before appointing one.
3. Appoint guardians for children under eighteen.This is often the single most important clause in a young family's will, and it is the one thing no other document can do.
4. Decide the gifts and the residue.Specific gifts first, then the residue — everything left after debts, tax and specific gifts. Always name substitute beneficiaries in case someone dies first, and say what happens if a beneficiary dies leaving children.
5. Deal with the practical extras.Funeral wishes, gifts of personal possessions, digital assets, and any letter of wishes explaining decisions. A letter of wishes is not binding but it reduces disputes.
6. Get the signing right.You sign in the physical presence of two adult witnesses, who both then sign while you watch. Neither witness, nor their spouse or civil partner, may be a beneficiary — if they are, they lose their gift. Do not use a beneficiary's partner or a beneficiary's child.
7. Do not attach anything to the will.No staples, paperclips or attachments. Marks left by removed fixings cause the probate registry to require an explanation, and additions after signing are ineffective.
8. Store it where it can be found, and register it.With a solicitor, at a will storage service, or at home in a labelled place your executor knows about. Registering it on the National Will Register makes it findable. Tell the executor where it is.
9. Review it after any life event.Marriage or civil partnership revokes an existing will in England and Wales unless it was expressly made in contemplation of it. Divorce does not revoke a will but treats the former spouse as having died first. Births, deaths, property purchases and separations all warrant a review.
10. Use a solicitor where the situation is not simple.Second marriages and stepchildren, a business or farm, property abroad, a beneficiary who is disabled or receiving means-tested support, anyone you are deliberately excluding, a trust, or any doubt about capacity. Free or reduced-cost will schemes run periodically through charities.

Common mistakes

• Using a beneficiary or their spouse as a witness — The will remains valid but the gift to that person fails. It is the most common and most damaging DIY will error.
• Assuming a will covers a jointly owned house — Property held as beneficial joint tenants passes to the survivor regardless of the will. Changing that requires severing the joint tenancy, which is a separate step.
• Not naming substitutes — A gift to someone who dies first usually fails and falls into the residue, which can distort the whole distribution.
• Not redoing the will after marrying — In England and Wales marriage revokes an earlier will, which can leave someone intestate without realising it.

Questions people ask