How to write a will so that it is valid

Are you thinking about writing your will, but unsure of what steps to take? We’re here to help.

Your will can be written on any sheet of paper and follow any format, but it must be signed by you and be witnessed for it to be valid. An invalid will, or one with conflicting wishes, could be challenged in court. This mean stress and expense for your family members after your passing. 

Step one: value your estate

Draw up a list of all of your assets and possessions to figure out the worth of your estate. Your assets include everything from property you own to jewellery and furniture. Don’t forget to add in the money in your bank, and include any investments or trusts you own.

After you’ve added everything up, make sure to note any debts you may have. Any debts outstanding at the time of your death will need to paid off with your estate, if you have enough.

Make sure to get your assets valued regularly, as their worth can change over time.

Step two: decide how to divide your estate

It needs to be really clear in your will who you want to receive what assets. Make a list of the people you want to leave things to – these people are called beneficiaries. There may be certain assets you want to give, such as leaving your car to someone. Make sure this is really clear.

If you want to leave people some money, make sure you write down how much you want to leave to each person.

You may also wish to leave a donation to charity. You’ll need to include the charity’s full name, address, and registered charity number. If the information is incorrect, it may lead to the charity not receiving your gift.

Finally, decide what you want to happen should you outlive any of your beneficiaries.

Step three: choose your executors

Executors are the people who will deal with the distribution of your estate. It involves a lot of work and responsibility, so ensure you are choosing people who you trust. Executors can be friends or family. Have a conversation with them to make sure they’re aware of the responsibilities, and are happy to act on your behalf. You can have more than one executor; people often choose two, but you can have up to four.

Step four: write your will

You can write your own will, but don’t forget it’s a legal document, so it needs to be valid. This means it needs to be written and signed correctly. It’s best to seek professional advice if you decide to write your own will.

Many people choose to appoint a solicitor to help them with writing their will. Solicitors who specialise in wills and probates are often preferred. Check that your solicitor is licensed with the relevant professional body, such as the Solicitors Regulation Authority.

Step five: sign your will, and store it safely

Your will must be kept in a safe place, such as with a solicitor, bank, at home, or with the Probate Service. You can find out more information about the Probate Service through the government website.

Helpful information and tips

Don’t forget that you need to sign your will in the presence of independent witnesses. There must be two.

Let your executors know where your will is kept.

Don’t attach any documents to your will with paperclips or staples, as if they detach and leave marks, it will raise the question of whether the will is missing any information.

If and when you update your will, destroy the original. It’s a good idea to state at the beginning of your will that it revokes all others.

Beneficiaries of the will, their spouses or partners should not act as witnesses to the signing of your will. They will lose their right to the inheritance. It’s also a good idea to not ask an executor to be a witness.

You should review and update your will either every five years, or after each significant life event, such as a new home or grandchild. 

Don’t make alterations to your original document – make a whole new will. Speak to a member of the team today to help you do this right.