A plain-English guide to making a will that holds up: the Wills Act 1837 signing rules, what to include, choosing executors, and the mistakes that make a will invalid.
Under the Wills Act 1837, a valid will must be in writing, signed by you (the testator), and your signature must be made or acknowledged in the presence of two witnesses who are both present at the same time. Each witness then signs in your presence. Get any one of these steps wrong and the whole will can fail.
The temporary Covid-era rule that allowed witnessing wills over video link expired on 31 January 2024 and was not renewed. Witnessing is once again strictly in person, with both witnesses physically present. A witness — or their spouse or civil partner — should never be someone who benefits under the will, as that gift is normally void.
A clear will names your executors, appoints guardians for any children under 18, sets out specific gifts and who receives the rest of your estate (the residue), and ideally a backup beneficiary in case someone dies before you. Keep it precise: vague wording is a common cause of disputes after death.
Executors are the people who carry out your wishes — gathering assets, paying debts and tax, and distributing the estate. You can appoint up to four; many people name two in case one cannot act. Choose people you trust who are organised and willing, and tell them where the will is kept.
The frequent failures are improper signing or witnessing, using a beneficiary as a witness, later marriage (which usually revokes an earlier will), and amendments scribbled on the document after signing. If your affairs are substantial or your family situation is complex, take advice before you sign.
No — a will you write and sign correctly under the Wills Act 1837 is legally valid without a solicitor. But for larger estates, business assets, second marriages or anything contentious, professional advice is well worth it to avoid costly errors. The Counsel is an AI tool that gives legal information to help you understand the rules; it does not give legal advice or act as your solicitor.
Yes. You can make a formal addition called a codicil, which must be signed and witnessed just like a will, or simply make a new will that revokes the old one. Never cross things out or write on an existing will, as that can invalidate it or create confusion.
Usually yes — getting married or entering a civil partnership normally revokes any earlier will automatically, unless the will was expressly made in contemplation of that marriage. Many people are caught out by this, so review your will whenever your relationship status changes.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
What happens to your estate if you die without a valid will: the intestacy order of who inherits, the £322,000 surviving-spouse statutory legacy, and why unmarried partners are left out.
What probate is, when you actually need a grant, the difference between grant of probate and letters of administration, and what the executor or administrator has to do.
The two types of LPA, how to set one up and register it with the Office of the Public Guardian, why they matter, and what happens — deputyship — if you have none.