Can I write my own will? – discussing DIY wills versus solicitors in the UK

Making a will is one of the most important steps you can take to ensure your wishes are respected after your death. A will is a legal document that sets out how your assets should be distributed and who will care for any dependents — and without one, the intestacy rules decide everything for you, regardless of what you actually wanted.

When considering estate planning, people often debate between creating a DIY will and instructing a solicitor. While a DIY will gives you control over content and can work well for very simple estates, a solicitor brings expertise that becomes essential for complex family structures, inheritance tax (IHT) planning, or circumstances like blended families, business ownership, or property held in trust. For more information on the differences, you can visit this page.

Understanding the costs involved is also crucial. The cost of making a will can vary significantly depending on whether you choose a DIY route or instruct a solicitor. You can find more details on the costs here.

Key Takeaways

• Creating a will is essential for ensuring your wishes are respected — dying without one (intestacy) means UK law decides who gets what, which may not be what you would have chosen.
• A DIY will offers control and lower cost but may lack the expertise needed for anything beyond the simplest of estates.
• A solicitor or specialist estate planner can provide tailored advice for complex situations such as blended families, business assets, property trusts, or IHT planning.
• The cost of a will varies significantly between DIY and solicitor-drafted options, but the consequences of a poorly drafted will can far outweigh the savings.
• Understanding your estate’s complexity — including your property, pensions, and family circumstances — is key to deciding whether a DIY will or professional drafting is right for you.

Understanding Wills and Their Importance

A will is more than just a legal document; it’s your voice after you’re gone. Understanding the role of a will in estate planning is crucial for ensuring that your wishes are respected and your loved ones are properly provided for.

What is a Will?

A will — formally known as a last will and testament — is a legal document that sets out how your assets should be distributed upon your death. It allows you to specify who will inherit your property, money, investments, and other possessions. Crucially, it also lets you appoint executors to manage the administration of your estate and guardians for any minor children.

The Purpose of a Will

The primary purpose of a will is to ensure that your wishes regarding the distribution of your estate are clearly recorded and legally binding. This includes appointing guardians for minor children, naming executors to manage your estate, specifying funeral wishes, and — importantly — giving you the opportunity to plan for inheritance tax efficiency. Without a will, your estate is distributed according to the intestacy rules under English and Welsh law, which follow a rigid hierarchy: spouse or civil partner first, then children, then parents, then siblings. Unmarried partners, step-children, and close friends receive nothing under intestacy, regardless of the relationship.

Common Misconceptions about Wills

Many people believe that creating a will is only necessary for the elderly or the wealthy. This is a dangerous misconception. If you own a home, have children, hold a pension, or are in a relationship (particularly if unmarried), you need a will. With the average home in England now worth around £290,000, even modest estates can be caught by inheritance tax if planning isn’t in place. The nil rate band has been frozen at £325,000 per person since 2009 and won’t increase until at least April 2031 — meaning more ordinary families are pulled into the IHT net every year. Trusts are not just for the rich — they’re for the smart, and the same principle applies to wills.

By understanding the importance and components of a will, you can take the first step towards securing your family’s future. As Mike Pugh often says: “Plan, don’t panic.”

The DIY Approach to Writing a Will

The DIY route to writing a will has become increasingly popular among those looking to manage their estate planning without incurring significant legal fees. This approach allows individuals to take control of their will’s content and distribution — but it comes with real risks that need to be understood before you start.

Pros and Cons of DIY Wills

Opting for a DIY will can be both beneficial and risky. For genuinely simple estates — a single person with no property, no children, and modest savings — a DIY will may be adequate. But for the majority of homeowners with families, the risks often outweigh the savings.

• Advantages:
  • Lower upfront cost — often under £30 for a basic template
  • Flexibility to draft at your own pace
  • Control over the will’s content without appointment scheduling
• Disadvantages:
  • Risk of not meeting the legal requirements for a valid will under English and Welsh law — rendering the document useless
  • Potential for ambiguous wording that leads to costly disputes between beneficiaries
  • No professional guidance on inheritance tax planning, trust provisions, or the intestacy implications of errors
  • Witnessing errors are extremely common and can invalidate the entire will
  • No advice on how a will interacts with jointly owned property, pensions, or life insurance nominations

Tools and Resources for DIY Will Writing

Several platforms and tools are available to assist with DIY will writing in the UK. These services provide templates and guidance to help individuals create a will, but the quality and legal reliability varies enormously. It’s worth reading about why you should avoid cheap wills before choosing a provider.

When selecting a DIY will writing tool, it’s essential to consider whether it has been designed specifically for English and Welsh law, the level of guidance provided, and whether the final document will be reviewed by a qualified professional.

Common Mistakes to Avoid

When creating a DIY will, it’s crucial to avoid the most common pitfalls that invalidate wills or cause family disputes. These include: failing to have the will properly witnessed by two independent witnesses who are present at the same time; allowing a beneficiary or the spouse or civil partner of a beneficiary to act as a witness (which invalidates their gift); using ambiguous language that can be interpreted in multiple ways; failing to revoke an earlier will; not accounting for jointly owned property (which passes by survivorship regardless of what the will says if held as joint tenants); and neglecting to consider how marriage automatically revokes a previous will under English law.

To minimise errors, individuals should carefully review their will against a checklist of legal requirements and seriously consider seeking professional advice — especially if their estate includes property, children, or any complexity at all. The law — like medicine — is broad. You wouldn’t want your GP doing surgery.

When to Consider a Solicitor for Will Writing

The decision to use a solicitor for will writing depends on several factors, including the complexity of your estate and your personal wishes. While a DIY will can work for very simple situations, there are many circumstances where professional legal advice is not just helpful — it’s essential.

Complex Estates and Legal Challenges

If you have a complex estate that includes property (particularly if there’s a mortgage or it’s jointly owned), significant savings or investments, business interests, or assets held abroad, consulting a solicitor or specialist estate planner can help ensure that your will is comprehensive and legally sound. A professional can navigate legal challenges and structure your will to minimise potential disputes among beneficiaries.

For instance, if you have assets abroad, a solicitor can advise on whether you need a separate will for those assets and how UK law interacts with the laws of other jurisdictions. If you have a blended family — children from a previous relationship and a current partner — a solicitor can help you create a will that protects both your partner and your children, often using will trusts such as an interest in possession trust to prevent sideways disinheritance (where assets intended for your children end up passing to a step-parent’s family instead).

Professional Guidance on Tax Implications

One of the most significant advantages of using a solicitor — or a specialist estate planner — for will writing is the professional guidance they offer on inheritance tax. IHT is charged at 40% on the taxable estate above the nil rate band of £325,000 per person. The residence nil rate band adds a further £175,000 per person, but only if a qualifying residential interest is passed to direct descendants (children, grandchildren, or step-children — not nephews, nieces, siblings, or friends). A married couple can potentially pass up to £1,000,000 IHT-free if structured correctly (£650,000 combined NRB plus £350,000 combined RNRB). However, the RNRB begins to taper away by £1 for every £2 the estate exceeds £2,000,000.

A specialist might suggest incorporating lifetime trusts, making use of potentially exempt transfers (the 7-year rule for gifts to individuals), or establishing a life insurance trust to ensure a payout goes directly to beneficiaries without being subject to 40% IHT — and a life insurance trust is typically free to set up. From April 2027, inherited pensions will also become liable for IHT — another reason professional advice is becoming increasingly important for ordinary families.

The Benefits of Personalised Advice

A solicitor or specialist estate planner provides personalised advice tailored to your specific circumstances, ensuring that your will accurately reflects your wishes and takes advantage of every available relief and exemption. They can offer guidance on a range of issues, from appointing guardians for minor children to structuring will trusts that protect assets for future generations while providing for a surviving spouse.

By consulting a professional, you can be confident that your will is not only legally sound but also works as part of a broader estate plan. This personalised approach can provide genuine peace of mind — because, as Mike Pugh puts it, “not losing the family money provides the greatest peace of mind above all else.”

Legal Requirements for a Valid Will in the UK

In England and Wales, the law sets out clear criteria for a will to be considered valid. When preparing a last will, it’s vital to understand these legal requirements, because a will that fails to meet them can be declared invalid — meaning your estate would be distributed under the intestacy rules instead.

Age and Mental Capacity

To create a valid will in England and Wales, you must be at least 18 years old (with a narrow exception for members of the armed forces on active service). You must also have what the law calls “testamentary capacity” — meaning you understand the nature of making a will, the extent of your assets, the claims of those who might reasonably expect to benefit, and you are not suffering from any disorder of the mind that influences your decisions. The legal test for capacity comes from the case of Banks v Goodfellow (1870) and remains the standard today.

If there is any doubt about mental capacity — for example, if the person making the will has been diagnosed with dementia — it is strongly advisable to have a medical practitioner assess capacity and prepare a written record at the time the will is made. This is sometimes called a “golden rule” assessment, and it can be vital evidence if the will is later challenged.

Format and Witnessing Requirements

A valid will in England and Wales must be in writing (typed or handwritten), signed by the person making the will (the testator), and witnessed by two independent witnesses who are both present at the same time. The witnesses must then each sign the will in the presence of the testator.

• The will must be signed by the testator at the end of the document, or by someone else at the testator’s direction and in their presence.
• Two witnesses must be present when the testator signs and must then sign the will themselves.
• Witnesses must not be beneficiaries under the will, nor the spouse or civil partner of a beneficiary — if they are, their gift under the will is void (though the will itself remains valid).

This is one of the most common areas where DIY wills go wrong. Getting the witnessing procedure correct is absolutely essential, and even small errors — such as one witness leaving the room before the other signs — can create grounds for a challenge.

What Makes a Will Invalid?

A will can be deemed invalid if it doesn’t meet the legal requirements outlined above. Common reasons for invalidation include: lack of testamentary capacity; undue influence or coercion; improper witnessing; fraud or forgery; or the testator not knowing and approving the contents of the will. It’s also vital to know that marriage automatically revokes an existing will in England and Wales (unless the will was made in contemplation of that specific marriage), while divorce does not revoke a will entirely but treats the former spouse as if they had died for the purposes of the will.

If a will is found to be invalid, the estate will be distributed according to the intestacy rules, which follow a rigid legal hierarchy and may not align with your wishes at all. This is why ensuring your will is properly executed and meets all the necessary legal criteria is so important — and why many people choose professional help for this critical document.

Alternative Options to Traditional Wills

Beyond traditional wills, there are additional estate planning tools that can work alongside a will to provide greater protection and control over your assets and healthcare decisions. A will on its own, while essential, has important limitations — it only takes effect on death, it goes through probate (becoming a public document), and it offers no protection against care fees, divorce, or claims during your lifetime.

Advance Decisions to Refuse Treatment (ADRTs) and Lasting Powers of Attorney

An advance decision to refuse treatment (ADRT) — sometimes informally called a “living will” — is a document that outlines a person’s wishes regarding medical treatment in scenarios where they are unable to communicate their decisions. Under English law, an ADRT is legally binding on healthcare professionals provided it is valid and applicable to the treatment in question. For decisions to refuse life-sustaining treatment, the ADRT must be in writing, signed, and witnessed.

Key aspects of ADRTs and related documents include:

• Specifying the types of medical treatment you do or do not want in particular circumstances
• Making a health and welfare Lasting Power of Attorney (LPA) to appoint someone you trust to make healthcare decisions on your behalf if you lose capacity — this is separate from and complementary to an ADRT
• Making a property and financial affairs LPA to ensure someone can manage your finances, pay bills, and handle your property if you become incapacitated — without this, your family would need to apply to the Court of Protection for a deputyship, which is costly and time-consuming

Trusts as a Planning Tool

Trusts are a powerful estate planning tool that can be used to manage and protect assets according to specific instructions. England invented trust law over 800 years ago, and trusts remain one of the most effective legal arrangements available. A trust is not a separate legal entity — it is a legal arrangement where trustees hold and manage assets on behalf of beneficiaries. The trustees are the legal owners of the trust property, but they must manage it in accordance with the trust deed and for the benefit of the named beneficiaries. Trusts can offer benefits such as bypassing probate delays, tax-efficient planning, protecting assets from care fees and divorce, and providing for beneficiaries with special needs.

The main types of trusts in England and Wales include:

• Discretionary trusts — the most common type (used in the vast majority of family estate planning), where trustees have absolute discretion over who receives what and when. No beneficiary has an automatic right to income or capital, which provides maximum protection against care fees, divorce, and bankruptcy. Can last up to 125 years
• Bare trusts — where the beneficiary has an absolute right to the capital and income once they reach 18. These offer no asset protection and are not IHT-efficient — the beneficiary can collapse the trust once they reach majority
• Interest in possession trusts — commonly used in wills to provide a surviving spouse with income or use of property for their lifetime, with the capital passing to children afterwards. This prevents sideways disinheritance in blended families
• Disabled person’s trusts — designed to support beneficiaries with disabilities without jeopardising their entitlement to means-tested benefits

Trusts are not just for the rich — they’re for the smart. A straightforward family trust can be set up from around £850, which is the equivalent of roughly one week’s care home fees. When you compare the cost to the potential costs of losing a family home to care fees or divorce, it’s one of the most cost-effective forms of protection available.

Other Estate Planning Strategies

In addition to ADRTs, LPAs, and trusts, there are other estate planning strategies that individuals should consider as part of a comprehensive plan. These include:

• Joint ownership of property — understanding the difference between joint tenants (where the property automatically passes to the survivor) and tenants in common (where each person’s share passes according to their will). Severing a joint tenancy to become tenants in common is often the first step in effective property protection planning
• Pension death benefit nominations — ensuring your pension provider knows who you want to receive your pension on death. Pensions currently sit outside your estate for IHT purposes, but from April 2027, inherited pensions will become liable for IHT
• Lifetime gifting strategies — using annual exemptions (£3,000 per tax year, with one year carry-forward), small gifts (£250 per recipient per tax year), wedding gifts (£5,000 from a parent, £2,500 from a grandparent, £1,000 from anyone else), and regular gifts from surplus income to gradually reduce the taxable value of your estate
• Life insurance written in trust — a life insurance policy placed into trust pays out directly to your beneficiaries, bypassing both probate and IHT. This is typically free to arrange and can make a significant difference to your family’s financial position

By exploring these options alongside a properly drafted will, individuals can create a comprehensive estate plan that addresses their unique needs and goals — protecting their family not just at death, but during their lifetime too.

How to Get Started with Writing Your Own Will

Creating a will is a crucial step in securing your family’s future, and understanding the process helps you get started with confidence. Writing a will involves making decisions about your assets, beneficiaries, and the future of your loved ones. It’s a process that requires careful consideration and attention to detail — but it doesn’t have to be overwhelming.

Below we guide you through the steps to create a DIY will, the key information you must include, and why reviewing and updating your will is essential.

Steps to Create a DIY Will

To create a DIY will, follow these essential steps:

1. Make a comprehensive list of your assets — property, savings, investments, pensions, life insurance, personal possessions, and any debts or liabilities.
2. Decide on your beneficiaries and what you want each person to receive. Think carefully about what happens if a beneficiary dies before you.
3. Choose your executors — the people who will administer your estate after your death. Choose people you trust who are willing and able to take on this responsibility. You can appoint up to four executors.
4. If you have children under 18, appoint testamentary guardians.
5. Write your will clearly, ensuring it is unambiguous. Avoid DIY legal language you don’t fully understand.
6. Sign your will in the presence of two independent witnesses (who are both present at the same time), and have both witnesses sign the will in your presence.
7. Store your will safely and tell your executors where it is.

Key Information to Include

When writing your will, it’s essential to include the following details:

• A clear statement that this is your will and that it revokes all previous wills and codicils.
• Your full name, address, and date of birth.
• Details of your assets and how you want them distributed — including specific gifts (legacies) and who receives the remainder of your estate (the residuary estate).
• Names and full addresses of your beneficiaries, and their relationship to you.
• The names of your chosen executors and their contact details.
• Guardianship provisions for any minor children.
• Any funeral wishes (though these are not legally binding).

Importance of Reviewing and Updating Your Will

Reviewing and updating your will is crucial to ensure it remains relevant and effective. Life changes — such as marriage (which automatically revokes your existing will under English law), divorce, the birth of a child, purchasing property, or changes in your financial situation — can all impact your wishes and necessitate updates to your will. Even changes you might not think of as significant — such as a beneficiary dying, a child turning 18, or new inheritance tax rules — can mean your will no longer achieves what you intended.

Updating your will is not just about changing beneficiaries; it’s about ensuring that the document remains legally valid and works within the current tax framework. A will written 10 years ago may not account for the frozen nil rate band, changes to pension rules, or the introduction of the residence nil rate band.

By regularly reviewing your will — ideally every 3 to 5 years or after any major life event — you can have peace of mind knowing that your loved ones are protected and your estate plan is up to date.

Considerations for Specific Circumstances

The complexity of personal circumstances — such as having dependents, being unmarried, or owning a business — demands careful consideration when drafting a will. These situations often require more than a basic template can deliver, and getting them wrong can have serious consequences for the people you care about most.

Writing Wills for Parents with Dependents

For parents with dependents, a will is not just about distributing assets; it’s about ensuring the well-being and financial security of your children. When writing a will, it’s crucial to:

• Appoint testamentary guardians who will take care of your children if both parents die — without this provision in your will, the court decides who looks after your children.
• Set up testamentary trusts within your will to manage assets until your children reach an appropriate age. Many parents choose to hold assets in a discretionary trust until children are 21 or 25, rather than allowing them to inherit outright at 18 when they may not be financially mature.
• Consider how your children’s needs will be met financially, including education costs, housing, and day-to-day living expenses.
• Think about what happens if both parents die simultaneously — who do you want as guardians, and how should funds be managed?

Having a properly drafted will that includes these provisions can provide real peace of mind, knowing that your children’s future is secure regardless of what happens.

Wills for Unmarried Couples

Unmarried couples face unique and serious challenges when it comes to estate planning. Under the intestacy rules in England and Wales, an unmarried partner inherits absolutely nothing — regardless of how long you’ve been together or whether you have children together. This is one of the most common and devastating misconceptions in UK estate planning. It’s essential to have a will that clearly outlines your wishes. Consider:

• Making specific provision for your partner, including gifts of property, money, or other assets. Without a will, your estate passes to your children, parents, or siblings — not your partner.
• Ensuring that your partner has the authority to make decisions on your behalf if you lose capacity, by putting Lasting Powers of Attorney (LPAs) in place — a will alone does not cover this.
• If you jointly own property, understanding whether you hold it as joint tenants or tenants in common. As joint tenants, the property passes automatically to the survivor. As tenants in common, your share passes according to your will.

For more information on the importance of having a will, visit our guide on wills.

Handling Business Assets in a Will

For business owners, a will must carefully address the distribution and continuation of business assets. This can be complex, as it involves not only personal wishes but also the future viability of the business, the interests of fellow shareholders or partners, and significant tax implications. Key considerations include:

• Deciding whether to pass the business to family members, key employees, or whether the business should be sold — and drafting your will accordingly.
• Obtaining a proper business valuation to ensure fair distribution among beneficiaries and accurate IHT calculations.
• Planning for IHT using Business Property Relief (BPR), which currently provides 100% relief on qualifying business assets for the first £1 million of combined business and agricultural property. From April 2026, the 100% relief is capped at the first £1 million, with 50% relief applying to the excess. A solicitor or specialist estate planner can help ensure your business qualifies for BPR and that the relief isn’t inadvertently lost.
• Considering whether business assets should be dealt with in a separate will to avoid delays in probate affecting the business’s operations.
• Reviewing any shareholders’ agreements, partnership agreements, or articles of association, which may contain provisions that override your will regarding business assets.

By carefully planning how to handle business assets in your will with professional advice, you can help ensure the continuity of your business and protect the interests of your loved ones.

The Costs Involved in Writing a Will

Understanding the costs associated with writing a will is essential for effective estate planning. The financial implications can vary significantly depending on whether you choose to use a solicitor, an estate planning specialist, or opt for a DIY approach — but it’s important to consider the cost in context: what could a poorly drafted will cost your family?

Average Costs of Using a Solicitor

Engaging a solicitor to write your will can provide peace of mind and professional assurance that the document is legally sound. The average cost of using a solicitor in England and Wales typically ranges from around £150 for a simple single will to £500 or more for couples or more complex estates. If your will includes trust provisions, the cost may be higher to reflect the additional drafting and advice required.

Here is a breakdown of typical costs:

Potential Costs of DIY Wills

On the other hand, DIY wills can be a low-cost option upfront, with many templates available online for under £30. However, it’s crucial to consider the potential risks and hidden costs associated with DIY wills, such as:

• Errors or ambiguous wording that lead to the will being contested — contested probate cases can cost tens of thousands of pounds in legal fees
• No professional advice on inheritance tax — meaning your family could pay up to 40% IHT on everything above the nil rate band that could have been legitimately mitigated with proper planning
• Failure to account for jointly owned property, pensions, or life insurance — which don’t always pass under a will and may require separate arrangements
• An invalid will, meaning your estate is distributed under the intestacy rules — potentially cutting out people you intended to benefit

While the initial cost may be lower, the long-term consequences of a poorly drafted will can be devastating for your family — both financially and emotionally.

Weighing Up the Financial Investment

When deciding between using a solicitor, a specialist estate planner, and a DIY approach, it’s essential to weigh up the financial investment against the potential risks. Consider this: the average cost of residential care in England is currently around £1,100–£1,300 per week. A professionally drafted will costs less than two weeks of care. An inheritance tax bill of 40% on a property worth £290,000 — where the estate exceeds the nil rate band — could easily run into the tens of thousands. A £200–£500 will is a fraction of what your family could lose without one.

Key Considerations:

• The complexity of your estate — do you own property, have pensions, hold investments, or run a business?
• Your family circumstances — are you married, unmarried, in a blended family, or do you have minor children?
• The potential for disputes or challenges — are there family members who might contest the will?
• Whether you need broader estate planning beyond just a will — such as trusts, LPAs, or IHT planning

By carefully evaluating these factors, you can make an informed decision that protects your family and ensures your wishes are carried out as intended. A will is not an expense — it’s an investment in your family’s future.

How to Safely Store Your Will

Storing your will in a safe and accessible location is vital for effective estate planning. Your will is a crucial document — but it’s only useful if it can be found and accessed when it’s needed. A will that’s lost, damaged, or inaccessible can cause serious delays and complications for your loved ones during an already difficult time.

Safe Storage Options for Your Will

There are several options for storing your will safely in England and Wales:

• The Probate Service’s storage facility — you can deposit your original will with the Probate Registry for a small fee. This is one of the most secure options, as the will is held by the court and can be retrieved when needed.
• With a solicitor or estate planning professional — many solicitors and estate planners will store your will free of charge or for a nominal annual fee. They will also typically be registered on the National Will Register, making it easier for executors to locate your will.
• A fireproof safe at home — this is convenient, but you must ensure your executors know where the safe is and how to access it. Be aware that if the original will cannot be found after your death, there is a legal presumption that you destroyed it with the intention of revoking it.

Importance of Access and Security

When choosing a storage method, it’s crucial to balance security with accessibility. Your will needs to be secure from loss, theft, fire, or water damage — yet easily accessible to your executors when the time comes. Consider the following:

• Ensure that your executors know where your original will is stored and how to access it. Keep a copy (clearly marked as a copy) among your personal papers for reference.
• If you store your will at home, make sure the storage method is protected from environmental damage. A fireproof, waterproof safe is advisable.
• Avoid storing your will in a bank safe deposit box, as access after death can be complicated and may require a grant of probate — creating a catch-22 situation.

Informing Loved Ones About Your Will’s Location

It’s not enough to simply store your will securely; you must also inform your executors and close family about its location. This can prevent unnecessary delays or complications when probate needs to be applied for. Consider:

• Discussing your will’s location with your appointed executors — they need to know where to find it.
• Keeping a note with your important documents that clearly states where the original will is held.
• Registering your will with the National Will Register (Certainty), which allows executors to search for and locate wills — this service is widely used across the UK.

By taking these steps, you can ensure that your will is handled according to your wishes, providing peace of mind for both you and your loved ones. A well-stored will means your executors can act quickly and efficiently, reducing unnecessary stress during a difficult time.

The Process of Contesting a Will

The process of contesting a will in England and Wales requires a thorough understanding of the legal framework and the specific grounds on which a challenge can be made. Contesting a will can be a complex, costly, and emotionally challenging experience — but understanding the process can help you assess whether you have a valid claim or, alternatively, help you draft a will that is more difficult to challenge.

Common Grounds for Contesting

There are several legal grounds on which a will can be contested in England and Wales:

• Lack of testamentary capacity: The testator did not have the mental capacity to make a valid will at the time it was executed (the Banks v Goodfellow test).
• Undue influence: The testator was coerced or pressured into making a will that did not reflect their true wishes. Unlike some areas of law, in will disputes the burden of proof rests with the person alleging undue influence — and it can be very difficult to prove.
• Lack of knowledge and approval: The testator did not know or approve of the contents of the will — for example, if the will was prepared by someone who benefits from it.
• Improper execution: The will was not signed or witnessed correctly in accordance with the legal requirements.
• Fraud or forgery: The will was created based on false information, or the signature was forged.
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975: Certain categories of people — including spouses, civil partners, children, cohabitants, and dependants — can claim that the will (or the intestacy rules) did not make reasonable financial provision for them. This doesn’t invalidate the will itself but can result in the court varying the distribution.

Legal Procedures Involved

The legal procedures involved in contesting a will can be complex and typically follow this process:

1. Entering a caveat at the Probate Registry — this prevents a grant of probate from being issued for an initial period of six months (and can be extended). This buys time to investigate your claim.
2. Seeking legal advice from a solicitor specialising in contentious probate — they can assess the strength of your claim and advise on the likely costs and outcomes.
3. Attempting mediation — many will disputes are resolved through mediation or negotiation without going to court, which is faster, cheaper, and less stressful for all parties.
4. Filing a claim — if mediation fails, issuing proceedings in court to formally contest the will.
5. Gathering evidence — medical records, witness statements, financial documents, and other evidence to support the claim.
6. Court hearings — if the matter cannot be settled, the case proceeds to trial where a judge will make a binding decision.

The Role of Solicitors in Contestation

Solicitors who specialise in contentious probate play a crucial role in the process of contesting a will. They provide expert guidance on the legal grounds for contesting, help gather and assess evidence, attempt to negotiate settlements, and represent clients in court if necessary. Their expertise is invaluable in navigating the complexities of will contestation — and in providing a realistic assessment of the likely costs and chances of success.

Will disputes can be extremely expensive, with costs often running into tens of thousands of pounds, and there is always a risk that costs could be awarded against an unsuccessful claimant. This is why one of the best investments you can make is having a properly drafted, professionally witnessed will in the first place — it significantly reduces the risk of a successful challenge. If you’re considering contesting a will, or if you want to ensure your own will is robust, seeking specialist legal advice early is essential.

The Importance of Reviewing Your Will Regularly

The importance of regularly reviewing your will cannot be overstated. Life doesn’t stand still, and neither should your will. A will that was perfectly drafted five years ago may no longer achieve what you intend if your circumstances, your family situation, or the law itself has changed.

Life Changes That Require Updates

Certain life events should prompt an immediate review of your will:

• Marriage: Under English law, marriage automatically revokes any existing will (unless the will was made in contemplation of that specific marriage). If you get married and don’t make a new will, you die intestate — regardless of what your previous will said.
• Divorce: Divorce does not revoke your will entirely, but it does treat your former spouse as if they had died for the purposes of the will. This means any gifts to them fail, and any appointment as executor is revoked. The rest of the will still stands — which may not produce the result you want.
• Birth or Adoption of Children: New children should be included in your will, with guardianship provisions and trust arrangements if appropriate.
• Significant Changes in Assets: If you buy or sell property, receive an inheritance, start or sell a business, or experience a substantial change in your financial position, your will should be updated to reflect this.
• Changes in Relationships: If your relationship with a beneficiary or executor breaks down, or if an executor is no longer willing or able to act, your will needs amending.
• Changes in Tax Law: Inheritance tax rules change regularly. The frozen nil rate band, changes to pension taxation from April 2027, and evolving rules around business and agricultural property relief can all affect whether your will achieves what you intended.
• Death of a Beneficiary or Executor: If someone named in your will has died, the will should be updated to reflect this and to name replacements.

Regularity of Review: How Often Should You Check?

While there’s no one-size-fits-all answer, a good rule of thumb is to review your will every 3 to 5 years, or immediately after any significant life change. Even if nothing dramatic has happened, a periodic review ensures your will still reflects your wishes and takes account of any changes in the law. Many people write a will and then forget about it for decades — by which point it may be hopelessly out of date.

Regular reviews also give you the opportunity to consider whether you need additional estate planning measures beyond a will — such as lifetime trusts to protect property from care fees, Lasting Powers of Attorney to cover incapacity, or inheritance tax planning to reduce the tax burden on your family.

Final Thoughts on Will Maintenance

Maintaining your will is an ongoing responsibility, not a one-off task. By regularly reviewing and updating your will — and considering whether it forms part of a broader estate plan — you can ensure that it continues to reflect your wishes, protects your loved ones, and takes advantage of every available tax relief and exemption.

In conclusion, reviewing your will regularly is a vital aspect of estate planning. It ensures that your will remains legally valid, tax-efficient, and accurately represents your current wishes. By staying proactive and keeping your will up to date, you can have genuine peace of mind knowing that your estate will be handled exactly as you intended. As Mike Pugh says: “Plan, don’t panic.”

Frequently Asked Questions about DIY Wills

As we conclude our discussion on DIY wills versus solicitors in the UK, here are answers to some of the most common questions about creating a will on your own.

Creating a Will Online

You can write your will online using a will template or guided online service. This method is convenient and can be cost-effective for simple estates. However, it’s essential to ensure that the service is designed specifically for English and Welsh law, that the resulting document meets all legal requirements, and that you follow the correct witnessing procedure — two independent witnesses, both present when you sign, who then sign in your presence.

Mistakes in Your Will

If you make mistakes in your will, it could lead to disputes among beneficiaries, portions of your estate being distributed under the intestacy rules, or the entire will being declared invalid. Common DIY mistakes include incorrect witnessing, ambiguous wording, failing to revoke previous wills, and not accounting for jointly owned property. To reduce this risk, carefully review your will and seriously consider having it checked by a professional — the cost of a review is minimal compared to the cost of getting it wrong.

Ensuring Your Will is Legal

To ensure your will is legally valid in England and Wales, it must be in writing, signed by you in the presence of two independent witnesses who are both present at the same time, and those witnesses must sign the will in your presence. You must be 18 or over and have testamentary capacity. Witnesses must not be beneficiaries or the spouse/civil partner of a beneficiary. Understanding and following these requirements is the most critical part of writing your own will.

By being aware of these key aspects, you can create a valid and effective will that reflects your wishes — though for anything beyond the simplest estate, professional advice is strongly recommended.