Why a will matters

A will lets you decide exactly who inherits your estate, who looks after any children under 18, and who administers your affairs (your executor) after you die. Without one, your estate is distributed according to fixed intestacy rules — which may not reflect your actual wishes, particularly for unmarried couples, who have no automatic inheritance rights under intestacy at all, no matter how long they've lived together.

What makes a will legally valid

  • Made by someone aged 18 or over, of sound mind
  • Made voluntarily, without pressure from anyone else
  • In writing, and signed in the presence of two independent witnesses
  • Both witnesses must also sign it, in your presence

Getting any of these wrong can invalidate the will entirely, which is one reason DIY will kits — while legal — carry more risk of error than professionally drafted wills, particularly for anything beyond very simple circumstances.

When to use a solicitor rather than DIY

Complex family situations (children from previous relationships, business assets, overseas property, wishing to exclude someone who might otherwise expect to inherit) all significantly increase the risk of a DIY will causing problems or being successfully challenged later. A solicitor's fee is generally modest compared with the cost — financial and emotional — of a disputed or invalid will.

Keeping a will up to date

A will should generally be reviewed after major life events — marriage (which automatically revokes an existing will in England and Wales, unless the will was made in contemplation of that marriage), divorce, having children, or a significant change in assets. An outdated will can produce outcomes you never intended.

Estate planning beyond the will

A will works alongside other estate planning tools — gifting strategies, trusts, and Inheritance Tax planning — to manage both who inherits and how much tax is paid along the way. See our related guides on gifting rules and using trusts for more detail on these tools.

Key takeaways

  • Without a will, intestacy rules decide who inherits — which can exclude unmarried partners entirely.
  • A will must meet specific legal formalities to be valid, including two independent witnesses.
  • Complex circumstances make professional drafting considerably safer than a DIY approach.
  • Marriage automatically revokes an existing will in England and Wales — review yours after major life events.