What to Know Before Writing a Will

Writing a will is one of the most caring things you can do for the people you love. It makes your wishes clear, protects your family, and prevents disputes later. This guide covers what to know before you start, what to include, and what to do once it is written.

Quick answer: A will lets you decide who inherits your estate, who cares for your children or pets, and how your funeral is handled. You usually do not need a solicitor for a straightforward estate, as reputable online services exist, but complex estates benefit from advice. Include guardians, beneficiaries, a list of assets, how to divide them, your executors, and optional funeral wishes. To be valid, sign it with two witnesses who are over 18 and are not beneficiaries.

Do I need a will?

In most cases, yes. A will lets you decide what happens after you die, rather than leaving it to the law. If you have children under 18, you can name their legal guardians, otherwise that decision falls to the courts. Without a will, your assets are divided by fixed legal rules that may not match your wishes, which can cause family disputes.

Do I need legal advice?

Not always. Many people assume a solicitor is essential, but for a straightforward estate you can write a valid will yourself, including through reputable online services such as Farewill. If your estate is more complex, for example involving a business, overseas assets or trusts, professional advice is worth the cost.

What to include in your will

1. Appoint guardians. Name who should care for any children under 18. This clause can also cover pets.
2. List your beneficiaries. Decide who benefits from your estate, usually a partner, children or other relatives, and sometimes friends or charities. You can use a trust to provide for a beneficiary without giving them full control of an asset.
3. List your assets. Note savings and obvious valuables like art, jewellery or heirlooms, then harder-to-value items such as a pension, business, investments or property. List sentimental items too, even low-value ones, as these often cause disagreements. Tell your pension scheme directly who you want it to go to, rather than relying only on your will.
4. Say how to divide things. There are several types of gift: a fixed sum (pecuniary), a specific item (specific), a share of what is left after debts and tax (residuary), a gift that passes elsewhere if the first person dies (reversionary), or a trust that provides for someone during their lifetime.
5. Check inheritance tax. See the section below.
6. Choose your executors. These are the people who carry out your wishes. Most choose close family, but professional executor services exist, as it can be a heavy responsibility. Pick someone comfortable with paperwork and finances.
7. Add funeral wishes. Optional, but recording your wishes, including whether you would prefer a burial or cremation, can spare your family difficult decisions and prevent disputes.

A note on inheritance tax

Inheritance tax may be due on your estate when you die, charged at a standard rate of 40% only on the part above the tax-free threshold. As a general guide, there is usually nothing to pay if your estate is below the £325,000 threshold, or if you leave everything above it to your spouse, civil partner, or an exempt beneficiary such as a charity. Leaving your home to children or grandchildren can raise the threshold to £500,000, and a married couple can combine unused allowances up to as much as £1 million. Thresholds change, so check the current figures and exemptions on the government website, and report the estate to HMRC even if no tax is due.

What to do once it is written

Have your will checked so the wording is clear and leaves no room for confusion. To make it legally binding, sign it in front of two witnesses, both over 18, neither of whom (nor their spouses) may be beneficiaries. Keep it somewhere safe and tell your executors where it is.

If you choose to record funeral wishes, our guides on cremation and burial costs and what to do with ashes after cremation may help you and your family think it through.

Frequently asked questions

Do I need a solicitor to write a will?

Not for a straightforward estate. You can write a valid will yourself or through a reputable online service. Complex estates involving a business, trusts or overseas assets benefit from professional advice.

What makes a will legally valid in the UK?

It must be signed by you in the presence of two witnesses, both aged over 18, who are not beneficiaries or married to beneficiaries. They must also sign it. The will should be clear and unambiguous.

Can I include my funeral wishes in my will?

Yes. It is optional, but stating whether you prefer a burial or cremation and any other wishes can prevent family disputes and ease the pressure on your loved ones.

How much can I leave before inheritance tax applies?

Generally nothing is due below the £325,000 threshold, rising to £500,000 if you leave your home to children or grandchildren, and up to £1 million for a married couple combining allowances. Check current figures on gov.uk, as thresholds can change.