We guide families through a clear choice: a do-it-yourself route or professional help from a solicitor. It is possible to make estate documents without a legal professional, but mistakes are easy and costly.
Safe here means more than having words on paper. It means your wishes work in practice when loved ones need them most. Poor drafting, wrong witnesses, or unclear wording can send an estate into intestacy or dispute.
In this guide we explain when a DIY option is practical, when a solicitor is the smarter choice, and how to decide fast without legal jargon. We cover witnesses, executors, property, and probate delays. We also show how a simple professional check often prevents costly problems.
For a detailed comparison and practical steps, see our fuller discussion at can i write my own will or use a solicitor.
Key Takeaways
- Legal form matters: proper signing and witnessing avoids invalidity.
- Templates can save money but carry real risks if rushed.
- Professional advice helps with complex estates and tax issues.
- Small checks from a solicitor often stop disputes later.
- Store the document safely and tell executors where to find it.
Why making a will matters for your estate in the UK
Without a clear plan, the law steps in and decides who receives your assets. That outcome may not match your wishes.
We mean property, savings, investments, pension funds and insurance payouts. These items add up and affect how much money reaches beneficiaries.
What happens if you die without a valid document
Intestacy rules decide inheritance. Only married or civil partners and certain close relatives inherit under those rules.
Protecting unmarried partners
Cohabiting couples are at risk. People in long relationships but not married gain no automatic right to inherit.
Planning for children
Naming guardians and setting practical arrangements gives carers clear authority. This reduces uncertainty for family members at a hard time.
“A clear testament often shortens probate, calms disputes and keeps more of the estate for those you choose.”
Simple clarity prevents unintended outcomes. Without it, assets might pass to distant relatives rather than those closest to you.
can i write my own will or use a solicitor uk: choosing the safest route
Deciding whether to draft at home or get professional help depends on how simple the situation truly is. We set out when a DIY path suits and when engaging solicitors gives real protection.
When a DIY approach can be appropriate
DIY is reasonable for genuinely straightforward circumstances. Think: one property, clear beneficiaries, no trusts, no business interests.
Simple family setup with no step-children or overseas property usually fits. Small estates and equal gifts are lower risk.
When solicitors are typically safer
Complexity raises risk. Shared property with someone who is not a spouse, blended families, business assets, or tax planning needs expert input.
Solicitors spot gaps that templates miss, such as what happens if a beneficiary predeceases the testator. That reduces the chance of disputes and probate delay.
A quick decision check
Use this two-minute checklist:
- How many properties or foreign assets exist?
- Are beneficiaries clear and immediate?
- Any dependants with special needs?
- Business interests or complicated investments?
If answers point to complexity, a review by solicitors is sensible. Even a short professional check can save legal costs that erode assets and protect your wishes.
For typical fees and a cost guide, see our page on costs — how much does a will cost.
DIY wills in the UK: benefits, limitations and common mistakes
Choosing paper kits, downloaded templates or online tools looks sensible when affairs are simple. Each option saves time and upfront cost. But there are clear limits that people often miss.
- Paper kits — cheap and basic help with standard wording.
- Templates — editable files for simple gifts and residue clauses.
- Online tools — guided forms with some prompts but limited legal advice.
Where mistakes crop up
Common drafting faults include vague phrases such as “my house to the kids,” unclear residue clauses and unsound substitution plans if a beneficiary dies first.
Legal formalities matter. Missing proper signing and the two witnesses rule can invalidate the whole document. Small errors lead to probate disputes and costs paid from the estate.
Overlooked assets
People forget jointly held property, pensions, life policies and overseas property. These items need clear treatment, or they fall outside the document’s effect.
“Saving money now may create legal fees later that reduce what loved ones inherit.”
For guidance on common risks with cheap services see this review of DIY will risks, and for trusted online help refer to our trusted online service.
Using a solicitor: how legal advice reduces risk
Good legal advice shapes documents to match family life and financial realities, not generic forms. We focus on clarity so executors follow instructions without guesswork.
Tailored drafting for wishes and finances
Custom wording fits complex families, trusts and business interests. That reduces ambiguity and the chance of costly disputes.
Correct execution and safer signing
We ensure signing and witness steps meet legal rules. Proper execution is one of the biggest safety wins.
Professional standards and protection
Solicitors are regulated by the SRA. That means a duty of care, professional standards and indemnity insurance if errors occur.
Secure storage and quality markers
Many firms offer secure storage so documents can be found when needed. Membership of the Wills and Inheritance Quality Scheme signals higher standards and specialist wills probate services.
“Clear legal advice often shortens probate and lowers stress for family members.”
- Tailored drafting prevents one-size mistakes.
- Correct signing reduces invalidity risk.
- Regulation, insurance and scheme membership add protection.
Legal requirements for a valid will in the UK
A valid testament depends on a few clear steps that protect your wishes and reduce disputes.
Capacity and voluntariness
The law requires a person to be 18 or older and of sound mind when making the document.
They must decide freely, without pressure.
Pressure from relatives often leads to later challenges.
Clear notes about mental capacity help avoid disputes.
Signature and witnesses
Signing must occur in the presence of two witnesses who then sign too.
Witnesses, or their spouse or civil partner, must not benefit.
If they do, their gift may be void even though the rest remains valid.
Dating and changes
Always date the document.
Dating shows which copy has priority if more than one exists.
Small edits after signing—crossings out or added names—do not count unless properly executed.
That rule saves people time and money at probate.
Privileged documents for service personnel
Members on active service have limited exceptions.
Such privileged documents follow special rules and often expire once normal service ends.
“Proper form at signing protects wishes and helps people left behind find clarity.”
| Requirement | Who it affects | Effect if missing |
|---|---|---|
| Age and capacity | Person making the document | Risk of challenge and invalidation |
| Two witnesses | Witnesses must not benefit | Gifts to witnesses voided |
| Clear date | All people involved | Confusion between versions |
| No informal edits | Executors and children named | Later changes ignored |
| Privileged option | Service personnel | Different formalities apply |
When it is particularly advisable to use a solicitor
Certain family and financial setups create risk that simple forms do not address. We recommend professional help in specific circumstances. This protects wishes and reduces dispute risk.
Shared property with a non-spouse co-owner
Small wording changes affect who keeps the home. A shared-title person may lose practical rights if the document is unclear.
Why this is high risk: co-ownership models, survivorship clauses and trusts interact. A solicitor review gives certainty.
Dependants who cannot care for themselves
Supporting a vulnerable person often needs trust provisions. That protects benefits and avoids harming means-tested support.
Careful planning keeps funds safe and provides for long-term needs without unintended loss of benefits.
Blended families and potential claims
Second marriages and children from earlier relationships raise claim risk. Clear substitution and trust arrangements reduce conflict.
We often see disputes where intentions were simple but drafting was not.
Business ownership and complex assets
Businesses need continuity plans. Valuation, tax and transfer rules make business succession different from personal gifts.
A solicitor helps decide whether business assets pass to family or stay with the enterprise.
Living abroad or holding overseas property
Different legal systems may clash. Probate delays and extra taxes are common where foreign property is involved.
Professional advice co‑ordinates cross-border rules and avoids costly mistakes.
“If any of these apply, the fee for expert help usually proves cheaper than fixing a costly problem later.”
| Circumstance | Key risk | How legal help helps |
|---|---|---|
| Shared property | Home rights and survivorship confusion | Clear drafting; protect co-owner interests |
| Vulnerable dependant | Loss of benefits or misdirected funds | Use of trusts and tailored protections |
| Blended family | Claims and unintended disinheritance | Substitution clauses and dispute reduction |
| Business owner | Continuity, valuation and tax issues | Succession planning and tailored transfers |
| Overseas property | Conflicting laws and probate delay | Cross-border coordination and specialist advice |
How to write or update a safer will: a practical UK checklist
Begin at the kitchen table with a simple asset list and work through decisions that protect loved ones.
Step 1 — List assets
Record home, savings, investments, pension funds and insurance money. Include overseas property and any business interests.
Choose beneficiaries and record charity gifts
Name beneficiaries clearly. Describe specific gifts and residuary shares so executors face no guesswork.
For charity gifts give full name, postal address and registered charity number to avoid administrative delay.
Appoint executors
Ask the person before naming them. Executors collect assets, handle paperwork, settle debts, pay tax and distribute money.
Many people appoint two. If beneficiaries are under 18 or a trust is needed, at least two executors is safer.
Guardians, trusts and storage
Name guardians for children under 18 and consider trusts when money must be managed until a sensible age.
Store the document where it is accessible: with a trusted firm or through the Probate Service. Avoid bank safe boxes that may block access until legal permission is granted.
Review, change and revoke
Review every few years and after marriage, divorce, separation or new children. Marriage will cancel an earlier testament unless a new document states otherwise.
Minor changes use a codicil; larger changes need a new document with a clear revocation clause. To revoke, destroy the document intentionally and in presence of witnesses to avoid accidental revival disputes.
“A short, practical checklist reduces probate delays and protects family money when circumstances change.”
| Action | Why it matters | Practical tip |
|---|---|---|
| List assets | Shows what executors must gather | Include property, pensions, policies and overseas items |
| Name beneficiaries | Prevents confusion and disputes | Use full names and clear shares |
| Record charity gifts | Ensures donations reach intended organisation | Include charity name, address and registered number |
| Choose executors | They manage probate and distribution | Ask them first; consider two |
| Storage & review | Ensures quick access when needed | Store with firm or Probate Service; review after life changes |
For practical templates and further help at home, see our guide on DIY will writing — a simple.
Conclusion
A short, practical review now can save significant money and disputes later.
Most people may write clear documents when affairs are simple. Safety rests on clarity, correct formalities and honest assessment of complexity.
DIY suits simple wishes, one home and straightforward gifts. For blended families, shared property, businesses or vulnerable dependants, seek regulated legal help from an experienced solicitor or from solicitors with recognised scheme members.
The real cost is not only the fee. Mistakes drain estate money through disputes, delays and extra probate work.
Next step: list assets, name key people and decide whether to draft and check, or go straight to professional services. That choice often brings lasting peace of mind for family members.