If you're considering writing your will online, the first question most people ask is whether it will actually stand up legally. It's a sensible thing to check — and in England and Wales, the answer is clear.
Online wills are completely legal in England and Wales — as long as they meet the formal requirements set out in the Wills Act 1837. The method used to prepare a will has never been what determines its legal validity. What matters is how it's signed and witnessed.
1 What Makes a Will Legal in England & Wales?
The legal requirements for a valid will in England and Wales have been largely unchanged since the Wills Act 1837. There is no requirement that a will be prepared by a solicitor, written by hand, or produced in any particular format. The law cares about one thing: that the document is properly executed.
- In writing typed or handwritten. Verbal wills have no legal standing in England and Wales
- Aged 18 or over armed forces on active service are permitted to make a privileged will at any age
- Testamentary capacity sound mind at the time of making the will (Banks v Goodfellow [1870]): you must understand the will and its effects, know your estate, and understand who might reasonably expect to benefit
- Signed by the testator or by someone directed by you, in your presence, if you are physically unable to sign
- Two independent witnesses both physically present at the same time when you sign, and both must then sign in your presence
- Witnesses must be independent aged 18+, of sound mind, and must not be a beneficiary or the spouse / civil partner of a beneficiary
That's the complete list. There is no requirement anywhere in the Wills Act 1837 that a will be drafted by a solicitor, prepared on a specific type of paper, or created through any particular method. A will produced online, printed, and correctly signed and witnessed is fully valid in law.
2 Does It Matter Who Drafted the Will?
No — and this is the single most important thing to understand.
Courts in England and Wales do not ask who wrote a will. They ask whether it was validly executed — meaning, was it in writing, signed by the testator, and witnessed by two independent people simultaneously? If the answer is yes, the will is valid. If any of those elements are missing or incorrect, the will may be invalid, regardless of who prepared it.
A solicitor-drafted will that is witnessed by a beneficiary's spouse is invalid. An online will that is correctly signed and witnessed is fully valid. The drafter is irrelevant to legal validity.
3 The Two-Witness Rule
One of the most important things to know about making a will in England and Wales is that two witnesses are required — not one, as in Scotland.
Both witnesses must be physically present together when you sign, and both must sign immediately afterwards in your presence. Witnessing a will in stages — one witness today, one tomorrow — is not valid.
This is where a significant number of DIY and homemade wills fall apart. Two witnesses, present at the same time, signing in your presence — all three conditions must be met simultaneously.
Swiftwills provides step-by-step witnessing instructions with every will to make sure this is done correctly.
4 The Beneficiary Witness Trap
This is the single most common and costly mistake made with wills in England and Wales — and it catches people out far more often than you'd expect.
If a beneficiary witnesses your will — or if their spouse or civil partner witnesses it — that beneficiary loses their gift entirely. The will itself remains valid, but the gift to that person is void.
To be clear: your spouse cannot witness your will if they are a beneficiary. Your adult child cannot witness your will if they inherit under it. A close friend you've left something to cannot act as a witness.
Always use two witnesses who receive nothing under your will — colleagues, neighbours, or friends who are not beneficiaries are ideal. Swiftwills makes this explicit in our witnessing instructions so there is no risk of accidentally invalidating a gift.
5 Marriage Revokes a Will in England & Wales
This is one of the most significant differences between English and Welsh law and Scottish law — and it's frequently overlooked.
In England and Wales, marriage automatically revokes any existing will on the date of marriage — even if the will was made in favour of the person you're marrying. If you made a will, then got married, and haven't made a new will since — your old will is no longer valid. The intestacy rules decide who inherits your estate.
The only exception is a will that is expressly stated to be made "in contemplation of marriage" to a specific named person. This affects a surprising number of people. If you've married since your last will was made, making a new one is urgent.
6 Common Misconceptions About Online Wills
"An online will isn't as legally valid as a solicitor's"
False. Legal validity in England and Wales is determined entirely by the Wills Act 1837 — not by who prepared the will. A correctly signed and witnessed online will has exactly the same legal standing as one drafted by a solicitor.
"I need a solicitor to make my will"
There is no legal requirement in England and Wales to use a solicitor. Hundreds of thousands of people write wills without one every year. The key is that the document is properly executed, not who wrote it.
"A typed will isn't as valid as a handwritten one"
Entirely false. There is no distinction in English and Welsh law between typed and handwritten wills. Both are valid if properly signed and witnessed. Typed wills are generally preferable because they are clearer and less likely to be misread or disputed.
"Online wills don't hold up in court"
There is no evidence for this. Courts in England and Wales assess validity based on the execution requirements of the Wills Act 1837 — not the method of preparation. Online wills are admitted to probate and upheld in courts regularly.
"I can make changes to my will in pen after signing it"
This is a serious mistake. Any alterations made after signing are presumed to have been made after execution — they carry no legal weight and can cast doubt on the integrity of the document as a whole. If you want to change your will, make a new one.
7 What the Wills Act 1837 Actually Says
The core execution provision of the Wills Act 1837 — Section 9, as amended — states that a will is not valid unless:
- It is in writing and signed by the testator (or by some other person in their presence and at their direction)
- It appears that the testator intended by their signature to give effect to the will
- The signature is made or acknowledged in the presence of two or more witnesses present at the same time
- Each witness either attests and signs the will, or acknowledges their signature, in the presence of the testator
Nothing in that section mentions solicitors, professional drafters, or any particular method of creating the document. Online wills prepared correctly satisfy every element of this provision.
8 When an Online Will Is the Right Choice
An online will is appropriate for the majority of people in England and Wales. It's the right choice if:
- Your estate is relatively straightforward
- You want to leave your assets to a spouse, partner, children, or other named individuals
- You want to name an executor and, if relevant, a guardian for children under 18
- You want to include specific gifts or charitable legacies
- You want a legally valid, professionally structured document without solicitor fees or waiting times
9 When You Should Consider a Solicitor
Online wills are right for most people — but consider speaking to a solicitor if:
- Your estate is complex — multiple properties, business assets, or assets held abroad
- You want to set up a formal trust, such as a discretionary trust or a trust for a vulnerable beneficiary
- You have dependants with significant disabilities or care needs
- You are concerned about a potential challenge to your will under the Inheritance (Provision for Family and Dependants) Act 1975
- You have children from multiple relationships and want to carefully balance competing interests
- You want detailed inheritance tax planning advice beyond general guidance
- You are considering a will that deliberately excludes a close family member
When there is any doubt, Swiftwills will always recommend seeking independent legal advice over proceeding without it.
10 How Swiftwills Ensures Your Will Is Legally Valid
Every will produced by Swiftwills for customers in England and Wales:
- Built around the Wills Act 1837 structured to meet every formal execution requirement
- Clear and probate-ready unambiguous language that passes probate without challenge
- Revocation clause included automatically cancels all previous wills on signing
- Contingency provisions covers what happens if a beneficiary dies before you
- Step-by-step signing instructions including clear guidance on the two-witness rule and the beneficiary witness trap
- Easy to update whenever your circumstances change
Write your will online today
Answer our guided questions, review your personalised will, print it, sign it with two witnesses — and it's done. Under an hour.
11 Frequently Asked Questions
Yes — provided it is in writing, signed by the testator, and witnessed by two independent people who are both present at the same time and both sign in the testator's presence, in accordance with the Wills Act 1837.
Only if they are not a beneficiary. If your partner inherits anything under the will — or if they are your spouse or civil partner — they should not act as a witness. If they do, they lose their entitlement to the gift, though the rest of the will remains valid.
Yes — this is a strict requirement. Both witnesses must be physically present together when you sign, and both must sign the will in your presence immediately afterwards. Witnessing in stages is not valid and will invalidate the will.
No. The probate process in England and Wales assesses whether the will was validly executed under the Wills Act 1837. How the will was prepared is irrelevant to this assessment.
No — in England and Wales, marriage automatically revokes a will made before the marriage. You need to make a new will. This is one of the most important things to do after getting married.
Yes — a handwritten will that is signed and witnessed correctly is legally valid in England and Wales. However, handwritten wills are more prone to ambiguity, missing clauses, and misinterpretation. A properly structured online will is the safer and more robust option for most people.
A will witnessed by only one person does not meet the requirements of the Wills Act 1837 and is not legally valid in England and Wales. You must have two independent witnesses present at the same time.
Yes — with Swiftwills, updating your will is straightforward. We recommend reviewing your will every three to five years, or after any significant life event such as marriage, divorce, having children, or a major change in your financial circumstances.
Related Guides
Legal References
- Wills Act 1837 — The primary legislation governing wills in England and Wales
- GOV.UK: Make a Will — Official government guidance
- GOV.UK: Applying for Probate — How probate works in England and Wales
- Inheritance (Provision for Family and Dependants) Act 1975 — Family provision claims