Most people in England and Wales know they should have a will. Most people don't have one.
The reasons are familiar: it feels morbid, it seems complicated, it's something to sort out "when I'm older." But the reality is that dying without a will doesn't just cause paperwork — it can leave your partner with nothing, hand your estate to relatives you barely know, and create family disputes that last for years.
Making a will with Swiftwills takes less than an hour. This guide explains everything you need to know — from the legal requirements to what to include, who to appoint, and the most common mistakes to avoid.
1 Do I Need a Will in England & Wales?
Yes — and almost certainly sooner than you think. A will isn't just for the elderly or the wealthy. If any of the following apply to you, you need one now:
- You own property — even jointly
- You have a partner, especially if you're not married
- You have children, stepchildren, or dependants
- You have savings, investments, or a pension
- You want to choose who handles your affairs after you die
- You have specific wishes about who receives your belongings
- You want to support a charity or cause you care about
- You have a business or professional interests
- You have digital assets — cryptocurrency, online accounts, subscriptions with value
Without a will, the law decides who inherits your estate. The rules are rigid, often counterintuitive, and take no account of what you would have actually wanted.
2 What Happens If You Die Without a Will?
Dying without a will is called dying intestate. Your estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925 (as updated by the Inheritance and Trustees' Powers Act 2014). These rules follow a strict legal hierarchy — and they may not reflect your wishes at all.
The Intestacy Rules in England & Wales
| Your situation | Who inherits |
|---|---|
| Married / civil partnership, with children | Spouse gets all belongings + first £322,000. Above that: half to spouse, half split between children |
| Married / civil partnership, no children | Spouse or civil partner inherits the entire estate |
| Unmarried — even long-term partner | Partner receives absolutely nothing. Estate passes to children, then parents, then siblings |
| No surviving relatives | Entire estate passes to the Crown (bona vacantia) |
Cohabiting couples have zero automatic inheritance rights. In England and Wales, there is no court remedy for an unmarried partner — unlike in Scotland. If you live with a partner and don't have a will, making one is urgent.
3 The Legal Requirements for a Valid Will
For a will to be legally valid in England and Wales, it must comply with the Wills Act 1837. The requirements are clear:
- In writing typed or handwritten. Verbal wills are not valid in England and Wales
- Aged 18 or over armed forces on active service are exempt and may make a will at any age
- Testamentary capacity "sound mind, memory and understanding" at the time of making the will (Banks v Goodfellow [1870])
- Signed by the testator or someone directed by you to sign in your presence if you are unable to do so
- Two independent witnesses both present at the same time when you sign, and both must then sign in your presence immediately afterwards
- Witnesses must be independent aged 18+, of sound mind, and must not be a beneficiary or the spouse / civil partner of a beneficiary
The beneficiary witness trap. If a beneficiary witnesses your will, the will itself remains valid — but that beneficiary loses their entire gift. This is one of the most frequent and costly mistakes in DIY wills. Always use independent witnesses.
Swiftwills provides clear, step-by-step witnessing instructions with every will we produce, so you'll never have to worry about getting this wrong.
4 What Should a Will Include?
A well-drafted will in England and Wales should address the following:
- Your personal details full legal name, current address, and date of birth
- Revocation clause cancels all previous wills and codicils (included automatically in all Swiftwills documents)
- Executor appointment the person responsible for administering your estate and carrying out your wishes
- Guardian appointment if you have children under 18, who takes parental responsibility if both parents die
- Specific gifts particular sums or items you want to leave to named individuals or organisations
- Residuary estate who receives everything remaining after specific gifts, debts, and expenses
- Substitution clauses what happens if a beneficiary dies before you (fallback provisions)
- Trust provisions if children are under 18, their inheritance is held in trust until they reach a specified age
- Funeral wishes not legally binding, but important guidance for your family at a difficult time
- Digital assets guidance on online accounts, social media, and digital property
5 Choosing Your Executor
Your executor is the person who deals with your estate after you die. It's one of the most important appointments in your will.
What Does an Executor Do?
- Register the death and notify beneficiaries
- Apply for theGrant of Probate— the legal authority to deal with the estate
- Collect and value all assets
- Pay debts, expenses, and any inheritance tax due
- Distribute the estate to beneficiaries in accordance with the will
- File any required returns with HMRC
Who Can Be an Executor?
Any person aged 18 or over and of sound mind. Common choices include a spouse or civil partner, an adult child, a sibling, a trusted friend, or a solicitor (who will charge the estate a fee). You can appoint the same person as both executor and beneficiary — this is very common.
Most people appoint one or two executors. Two is often preferable — it provides cover if one is unable to act, and banks often require two signatures. Always name a substitute executor and always tell your executor before appointing them.
6 Appointing a Guardian for Your Children
If you have children under 18, this section of your will may be the most important thing you ever write. A guardian is the person who would assume parental responsibility for your children if both parents died before the children turned 18. Without a named guardian in your will, a court would decide — and their decision may not reflect your wishes.
Choosing a Guardian
Consider: who shares your values and parenting approach? Who has an existing relationship with your children? Are they practically able to take on this responsibility? Will they be willing? Always ask before appointing — never surprise someone with this role.
If your children are under 18, they cannot directly inherit property or substantial sums. Your will should include a trust provision so a trustee manages funds on their behalf until they reach a specified age. Consider keeping the guardian and trustee roles separate — one person makes the parenting decisions, another manages the money.
Protect your family in under an hour
Swiftwills produces legally robust wills built around the Wills Act 1837. Plain English. No solicitor fees. No appointments.
7 Leaving Specific Gifts
Your will can include pecuniary legacies (fixed cash sums to named people or organisations) and specific legacies (named items such as jewellery, a vehicle, or artwork).
Important Considerations
Ademption: If you leave a specific item you no longer own at the time of your death, the gift fails and the beneficiary receives nothing in its place. Review your will if you sell or dispose of significant named items.
Substitution: If a beneficiary dies before you, the gift typically falls into your residuary estate unless you specify otherwise. Always include substitution clauses for important gifts.
Fixed amounts vs percentages: A fixed sum written years ago may feel very different by the time your will takes effect. For substantial cash gifts, consider leaving a percentage of your estate rather than a fixed amount.
Identify beneficiaries clearly: Use full names and addresses where possible to avoid any ambiguity about who you intended to benefit.
8 Including Your Partner in Your Will
Married Couples and Civil Partners
If you are married or in a civil partnership, your spouse has certain legal protections. A will allows you to ensure your spouse inherits exactly what you intend, include contingency provisions, and reduce potential inheritance tax through careful structuring.
Critical: Marriage automatically revokes a previous will in England and Wales. If you made a will before getting married, that will is void from the date of your marriage — even if it was made in your spouse's favour. You must make a new will after marriage. This is one of the most important differences from Scotland and Northern Ireland.
Unmarried and Cohabiting Couples
This cannot be emphasised strongly enough: if you are living with a partner but are not married or in a civil partnership, your partner has no automatic right to inherit anything from your estate in England and Wales.
It does not matter how long you've been together. It does not matter if you share a home, share finances, or share children. In the eyes of English and Welsh inheritance law, an unmarried partner is a legal stranger to your estate. If you are cohabiting and do not have a will, making one is the single most important financial step you can take.
After Divorce
If you divorce after making your will, your former spouse is treated as if they had died on the date of the divorce — their gifts and any executor appointment are automatically cancelled. The rest of the will remains valid, but it's strongly advisable to make a completely new will after any divorce.
9 Leaving a Gift to Charity
Charitable legacies are one of the most significant sources of charitable funding in the UK. Over £3 billion is left to charity through wills in England and Wales each year — and a well-structured charitable gift can also reduce your estate's inheritance tax bill.
Charitable gifts are entirely exempt from inheritance tax. If you leave at least 10% of your net estate to charity, the IHT rate on the remainder reduces from 40% to 36% — more for your chosen charities and more for your family.
When naming a charity, always include their full registered name, registered charity number, and the type and amount of gift. Charities sometimes change their name or merge — including the charity number protects your gift regardless.
10 Inheritance Tax and Your Will
Inheritance tax (IHT) is charged at 40% on the value of your estate above your tax-free allowance.
Planning Through Your Will
A well-drafted will can legitimately reduce your inheritance tax liability. Strategies include leaving assets to your spouse or civil partner (IHT exempt), leaving charitable gifts, making use of the residence nil-rate band by leaving your home to children or grandchildren, and establishing trusts for certain assets.
Gifts between spouses and civil partners are entirely exempt from IHT regardless of value. Unused nil-rate bands can also be transferred to the surviving spouse, effectively doubling the allowance available on the second death.
This section is a general overview only and does not constitute financial or tax advice. For inheritance tax planning on larger or more complex estates, we strongly recommend consulting a qualified financial adviser or solicitor.
11 Can I Write My Own Will Without a Solicitor?
Yes — it's entirely legal. A handwritten or typed will that meets the Wills Act 1837 requirements is valid. However, DIY wills are among the most common sources of probate disputes. Common problems include:
- Unclear or ambiguous wording that creates disputes between beneficiaries
- Incorrect witnessing that invalidates the entire document
- A beneficiary acting as a witness, which voids their gift
- No contingency clauses, leaving the will incomplete if a beneficiary dies first
- Forgetting to make a new will after marriage, which revokes the old one automatically
- Missing trust provisions for minor children
A solicitor removes these risks but costs £150–£400 or more, requires appointments, and can take weeks. Swiftwills gives you a professionally structured, legally robust will at a fraction of the cost, built around the requirements of the Wills Act 1837.
12 Online Wills vs Solicitor Wills in England & Wales
| Factor | Online Will (Swiftwills) | Solicitor-Drafted Will |
|---|---|---|
| Cost | From £75 | £150–£400+ |
| Time to complete | Under 1 hour | Days to weeks |
| Convenience | From home, any time | In-person appointments required |
| Legal validity | Fully valid when signed correctly | Fully valid |
| Built for Wills Act 1837 | ✓ Yes | ✓ Yes |
| Updating | Easy and affordable online | Additional fees apply |
| Best for | Straightforward estates | Complex estates, formal trusts, disputes |
When to Consider a Solicitor
An online will is right for the majority of people. Consider speaking to a solicitor if your estate is complex (multiple properties, business interests, assets abroad), you want to establish a formal trust, you have dependants with special needs, you are concerned about a potential challenge to your will, or you want detailed inheritance tax advice.
13 How to Make a Will Online With Swiftwills
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Answer Questions Online
Complete our guided form with clear explanations at each step — no legal jargon. Covers your assets, beneficiaries, executor, funeral wishes, and any specific gifts.
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We Prepare Your Will
Swiftwills generates your will as a legally drafted document, built around the requirements of the Wills Act 1837. Review every section before accepting.
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Print and Deliver
We'll print and post it to you for free, or you can download and print it at home. Clear signing and witnessing instructions included.
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Sign — and You're Done
Sign at the end in the presence of two independent witnesses, who must both sign immediately afterwards in your presence. Store somewhere safe and tell your executor where it is.
14 How to Update or Change Your Will
A will is not a one-time task. Review yours after any of the following:
- Getting married marriage automatically revokes your existing will in England and Wales
- Getting divorced ex-spouse's gifts are cancelled, but the rest stands; a new will is best practice
- Having or adopting children ensure they are provided for and a guardian is named
- A beneficiary or executor dying update to reflect the change
- Buying, selling, or inheriting property
- Significant changes in your financial circumstances
- A named charity closing or changing its name
- Moving abroad or acquiring assets overseas
As a general rule, review your will every three to five years even if nothing obvious has changed.
Never make handwritten changes to a signed will. Any alterations made after signing are presumed to have been made after execution and carry no legal weight. Make a new will or add a properly executed codicil instead.
15 Frequently Asked Questions
Yes — in England and Wales, marriage automatically revokes any existing will on the date of marriage. You must make a new will after getting married. Note: this is different from Scotland and Northern Ireland, where marriage does not revoke a will.
Not entirely. Divorce cancels gifts to your former spouse and any appointment of them as executor, but the rest of the will remains valid. It's still strongly advisable to make a completely new will after any divorce.
The will itself remains valid, but the beneficiary who witnessed it — and their spouse or civil partner — loses their entitlement to any gift under the will. Always use independent witnesses who receive nothing under the will.
Generally, yes. However, certain family members and dependants can apply to court for provision from your estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel inadequately provided for. This includes spouses, children, and others who were financially dependent on you.
You don't have to, but it's a good idea to register your will with the National Will Register (Certainty) so it can be found after your death. Swiftwills can guide you through this process.
Probate is the legal process of proving a will's validity and granting the executor authority to administer the estate. Most estates in England and Wales require a Grant of Probate, particularly if they include property or significant assets. Small estates with straightforward assets may not require it.
Indefinitely — until it's revoked, replaced, or your marriage makes it void. There is no expiry date, but regular reviews are good practice. We recommend reviewing every three to five years or after any major life event.
Yes — provided it meets the requirements of the Wills Act 1837: in writing, signed, witnessed by two independent witnesses present at the same time. The method of drafting has no bearing on legal validity. Read our full guide: Are Online Wills Legal in England & Wales?
This depends on whether you have testamentary capacity at the time of making the will. A person with early-stage dementia may still have capacity on a good day. If there is any doubt, it is advisable to have a medical professional assess and document capacity at the time the will is made.
Legal References
- Wills Act 1837 — The primary legislation governing wills in England and Wales
- GOV.UK: Make a Will — Official government guidance
- GOV.UK: Inheritance Tax — HMRC guidance on IHT thresholds and rules
- GOV.UK: Applying for Probate — How to apply for a Grant of Probate
- Inheritance (Provision for Family and Dependants) Act 1975 — Family provision claims
- National Will Register — Register your will so it can be found