Short answer

A will sets out who inherits your money, property and possessions when you die. In England and Wales it is valid only if it is in writing, signed by you and witnessed by two people present at the same time. Without a valid will, the intestacy rules decide who inherits, and unmarried partners get nothing automatically.

What is a will?

A will, sometimes called a last will and testament, is a legal document that records what you want to happen to your money, property and possessions after you die. It can also set out your funeral wishes and, if you have children under 18, who you would like to look after them. Without a valid will, the law decides who inherits.

This guide covers England and Wales only. Different rules apply in Scotland and Northern Ireland.

Do I need a will?

Almost everyone benefits from having a will. It matters most if you live with a partner you are not married to, have children under 18, own property, are part of a blended family, or have strong wishes about who should or should not inherit. None of these situations is protected by the default intestacy rules.

• Cohabiting couples: unmarried partners have no automatic right to inherit from each other. Without a will, your partner could receive nothing, regardless of how long you have been together.
• Parents of children under 18: a will lets you name a guardian; without one, a court decides.
• Property owners: your home does not automatically pass to whoever you might expect.
• Blended families: stepchildren have no automatic inheritance rights.
• Anyone with strong wishes: if you want to leave something to a friend, charity or specific family member, or keep someone out of your estate, you need a will.

Can I write my own will or use AI to write my will?

Legally you can write your own will and use AI like Libra to support you to do that. Libra has been trained on carefully drafted will templates, guided by lawyers whereas general purpose AI may be less accurate. You should also carefully consider privacy and confidentiality when choosing which AI to use to draft your will or other important legal documents. Libra keeps your personal information, such as your asset information private and AI does not train on that information. Public AI services such as ChatGPT or Claude can use your data to train their models which may risk your privacy.

Wills are important documents and particularly where your asset or living situation is more complex, Libra can find the right lawyer to assist you. The lawyer or AI should also help you consider more complex family arrangements and situations that could happen, such as if your partner remarries.

Whether you write your own will or have a lawyer draft it for you, it is important to ensure that the will names all relevant people, including the executors, beneficiaries for specific gifts, and that the will is properly signed and witnessed. If you are not sure then use Libra to take you most of the way and find a lawyer to check and support you with finalising your will.

What happens if you die without a will?

Dying without a valid will is called dying intestate. The Administration of Estates Act 1925 sets out the intestacy rules, which follow a strict priority order based on family relationships. Unmarried partners, stepchildren, close friends and charities receive nothing under these rules, regardless of how close the relationship was.

Who inherits under the intestacy rules?

• Spouse or civil partner only (no children): everything
• Spouse or civil partner plus children: the spouse gets personal possessions, the first £322,000 and half the remainder; the children share the other half equally
• Children only (no spouse): the estate is split equally between the children
• No spouse or children: the estate passes to parents, then siblings, then more distant relatives in order
• No living relatives: the estate passes to the Crown ('bona vacantia')

What can you include in a will?

A will can name who inherits your property, savings, investments and possessions, make specific gifts and charitable donations, appoint your executors and guardians for children under 18, record funeral preferences and set up trusts. Some assets, including joint tenancy property, pension funds and life insurance written in trust, sit outside a will entirely.

What a will can cover

• Who inherits your property, savings, investments and possessions (your 'beneficiaries')
• Specific gifts, leaving a named item to a named person
• Cash gifts or donations to charity
• Who you appoint as executor (the person who carries out your wishes)
• Who should care for your children if they are under 18 (a 'guardian')
• Funeral preferences
• Trusts for children or vulnerable beneficiaries

What a will cannot cover

• 'Joint tenancy' property: passes automatically to the surviving owner
• Pension funds: controlled by a separate nomination form with your pension provider
• Life insurance written in trust: passes directly to the named beneficiary

Keep your pension nomination form up to date with your provider. A pension can be worth more than your home, yet it does not form part of your estate for will purposes.

How do you make a valid will?

Under the Wills Act 1837, a will is legally valid in England and Wales only if it is in writing, signed by you at the end (or by someone at your direction), and witnessed by two independent adults who watch you sign and then sign themselves. You must be 18 or over, of sound mind and acting freely.

The five legal requirements

• In writing: it must be a physical document, handwritten or typed
• Signed: you must sign it at the end, or direct someone to sign on your behalf
• Witnessed: two independent adults must watch you sign, then sign the will themselves
• Capacity: you must be 18 or over and of sound mind, understanding what you own and what you are doing
• Voluntary: the will must be made freely, without pressure from anyone else

Who can be a witness?

Witnesses must be adults. A witness (or their spouse or civil partner) cannot be a beneficiary; if they are, they lose their gift, though the will itself remains valid.

Do I need a solicitor?

There is no legal requirement to use one. But professional advice is strongly recommended if your estate is complex, you have children from a previous relationship, you own a business, or there is any risk the will could be challenged. A poorly drafted will often costs families far more to unpick than the original advice would have.

What types of will are there?

There are five main types: a single will written by one person for themselves, mirror wills typically used by couples, mutual wills that bind both parties after the first death, discretionary trust wills that leave assets to a trust, and living wills (advance decisions), which record medical treatment wishes rather than dealing with inheritance.

Single will

Written by one person for themselves. The most common type.

Mirror wills

Two almost-identical wills, typically used by couples. Each leaves their estate to the other, with the same backup beneficiaries if they die together. Mirror wills are separate documents; either person can change their own at any time.

Mutual wills

A more binding arrangement where two people agree not to change their wills after the first one dies. Rarely used in practice because they remove flexibility.

Discretionary trust will

Leaves assets to a trust rather than directly to individuals. Useful for protecting assets for vulnerable beneficiaries, or for inheritance tax planning.

Living will (advance decision)

Not a will in the traditional sense: this records your wishes about medical treatment if you lose capacity. It is a separate document and does not deal with inheritance.

How much does a will cost?

A will costs from around £40 to £150 using a DIY or online service, £150 to £400 for a simple will with a high street solicitor, £250 to £600 for a pair of mirror wills, and £500 to £1,500 or more where trusts or a business are involved.

• DIY / online service: from around £40-£150
• High street solicitor (simple will): £150-£400
• Mirror wills (solicitor): £250-£600 for the pair
• Complex will (trusts, business): £500-£1,500+

For most people, a will is one of the most cost-effective legal documents they will ever have.

When should you update or change your will?

Review your will whenever your circumstances change. Marriage or a civil partnership automatically revokes an existing will, divorce treats gifts to an ex-spouse as if they had died, and having children, a beneficiary dying before you, or significant changes to your assets can all mean the will no longer does what you intended.

• Getting married or entering a civil partnership: this automatically revokes any existing will.
• Getting divorced: gifts to an ex-spouse are treated as if they had died, but the will itself is not revoked.
• Having children or grandchildren: you may want to update who inherits and who is named as guardian.
• A beneficiary dying before you: you need to update who receives their share.
• Significant changes to your assets: buying property, inheriting money, starting a business.

How to make changes

Minor changes can be made using a codicil, a short document that amends the original will, signed and witnessed in the same way. For substantial changes, it is usually cleaner to write a new will entirely, with a clause revoking all previous wills. Never cross out or write over your existing will; this can invalidate the whole document.

What does an executor do and who should you choose?

An executor is the person (or people) you appoint to carry out the instructions in your will. Their responsibilities include registering the death, applying for probate, collecting and valuing all assets, paying any debts and taxes, and distributing the estate to the beneficiaries. You can name up to four executors.

Who should I choose?

Most people appoint a trusted family member, a close friend, a solicitor, or a combination. Before naming someone, always ask them first; being an executor can be time-consuming and the role lasts until the estate is fully wound up. A professional executor (such as a solicitor or bank) is useful for complex estates but will charge fees, typically 1-4% of the estate's value.

What happens if a will is contested?

A will can be challenged for lack of testamentary capacity, undue influence, fraud or forgery, or failure to provide for dependants under the Inheritance (Provision for Family and Dependants) Act 1975. Lodging a caveat at the Probate Registry pauses the grant of probate while a dispute is resolved. Mediation is usually preferable to litigation.

• Lack of testamentary capacity: the person did not understand what they were signing.
• Undue influence: someone pressured them into making or changing the will.
• Fraud or forgery: the document or signature is not genuine.
• Failure to provide for dependants: under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can apply to court if they feel they have not been adequately provided for.

Will disputes are expensive and distressing; mediation is usually preferable to litigation.

What does this mean for you?

If you have no will, the intestacy rules will decide everything, which may leave a partner, stepchild or close friend with nothing. If you have a basic will, review it after any major life change. If your situation is complex, professional advice is worth the cost. If someone close to you has died, start by checking their papers.

• If you do not have a will: the intestacy rules will decide everything. This may leave a partner, stepchild or close friend with nothing.
• If you have a basic will: review it after any major life change. Marriage, divorce and having children can all affect whether it still does what you intended.
• If your situation is complex: blended family, business interests, property abroad or significant assets all make professional advice worth the cost.
• If someone close to you has died: check their personal papers first, then contact their solicitor if known, or search the National Will Register at nationalwillregister.co.uk. Once probate is granted, the will becomes a public document searchable at probatesearch.service.gov.uk.

What should you do next?

1. List what you own and owe, and note which assets pass outside a will, such as jointly owned property held as joint tenants, pensions and life insurance written in trust.
2. Decide who you want to inherit, who should be your executors and, if you have children under 18, who should be their guardian.
3. Choose how to make your will: a simple situation may suit an online service, but a blended family, business or property abroad usually needs a solicitor.
4. Sign your will in front of two independent adult witnesses who are not beneficiaries or married to beneficiaries, and keep it somewhere safe.
5. Review your will after marriage, civil partnership, divorce, having children or a major change in your finances, and update your pension nomination forms.
6. Ask Libra about your own situation, and if you need a professional, find a lawyer or clinic through Libra.

Frequently asked questions

Can I write my own will?

Yes. There is no legal requirement to use a solicitor, and a homemade will is valid if it meets the Wills Act 1837 formalities. The risk is mistakes, such as incorrect witnessing or unclear wording, which can make gifts fail or lead to disputes, so take care with anything beyond a simple estate.

Can a will be signed or witnessed by video call?

Not any more. Temporary rules allowed video witnessing for wills made between 31 January 2020 and 31 January 2024. For wills made now, the two witnesses must be physically present when you sign and must then sign in your presence.

Does a will made in England work if I own property abroad?

It may not deal with foreign property effectively, because other countries can have their own inheritance rules and formalities. If you own property abroad, get advice in that country as well, and make sure any separate foreign will does not accidentally revoke your English will.

How long do I have to make a claim against an estate?

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 must normally be brought within six months of the grant of probate or letters of administration. The court can allow a late claim, but you should act quickly and not rely on that.

How much does a spouse inherit if there is no will?

Under the intestacy rules, a surviving spouse or civil partner with no children inherits everything. If there are children, the spouse takes the personal possessions, the first £322,000 and half of the rest, with the children sharing the other half.

Ask Libra

• Do I need a will if I live with my partner but are not married?
• Who inherits if my dad died without a will?
• Can my son witness my will if he is a beneficiary?
• Does getting married cancel my existing will?
• How do I choose an executor for my will?
• Can I leave my children out of my will?

Sources

• Wills Act 1837 (legislation.gov.uk)
• Administration of Estates Act 1925 (legislation.gov.uk)
• Inheritance (Provision for Family and Dependants) Act 1975 (legislation.gov.uk)
• Making a will (GOV.UK)
• Who can inherit if someone dies without a will? (GOV.UK)

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.