The legal requirements

In England and Wales, a valid will must be made by someone aged 18 or over, of sound mind, made voluntarily and without pressure, in writing, and signed in the presence of two independent witnesses (who aren't beneficiaries or married to a beneficiary) who then also sign it themselves in your presence.

What a will should cover

  • Who inherits your estate, and in what proportions
  • Who should act as guardian for any children under 18
  • Who administers your estate (your executor or executors)
  • Specific gifts of particular items or sums to named individuals or charities
  • What happens if a named beneficiary dies before you do

DIY will kits: when they're reasonable and when they're not

For very simple circumstances — a straightforward estate, a single marriage, no complications — a properly completed DIY will kit can be legally valid and adequate. For anything more complex (children from previous relationships, business assets, wishing to exclude someone who might otherwise expect to inherit, or significant overseas assets), the risk of an error invalidating the will, or of it being successfully challenged later, rises considerably — a solicitor's involvement is generally worth the modest additional cost.

Common mistakes that cause problems

  • Using a beneficiary (or their spouse) as a witness, which can invalidate that person's inheritance
  • Ambiguous wording about who inherits what, leading to disputes or the need for court interpretation
  • Failing to account for what happens if a beneficiary dies before you do
  • Not updating the will after marriage (which automatically revokes an earlier will), divorce, or having children

Storing it safely

A will only helps if it can be found when needed — see our separate guide on storing wills and important documents for the practical options and what to tell your executor in advance.

Key takeaways

  • A will must meet specific legal formalities, including two independent, non-beneficiary witnesses.
  • DIY kits can suit very simple estates; complex situations generally warrant a solicitor.
  • Marriage automatically revokes an earlier will in England and Wales.
  • Review and update your will after major life events to avoid unintended outcomes.