How do I write a will and how much does it cost?

A will is a legal document that says who should get your money, property and belongings after you die, known as your estate. It also states who is responsible for dealing with the administration of your estate, known as your executors. 

A will lets you decide who receives your money, property and belongings when you die. For example, family, friends or charities.  

If you do not have a valid will when you die, the law decides this for you. This means the outcome might not be what you’d like.  

A will can also: 

• let the people you care about sort things out more quickly and easily, with less stress when you're gone 

• let you decide who should care for any dependants, including children under 18 (or 16 in Scotland) 

• help avoid family disagreements 

• make it easier to plan for Inheritance Tax.  

If you own a home with someone and die without a will, the other person might not inherit your share of the property automatically. If you were married or in a civil partnership, how much they might inherit depends on how you own the property and the value of your share. 

The rules for unmarried couples who live together (known as cohabitants) are different in Scotland. 

In some cases, a surviving cohabitant might be able to ask the Scottish courts for money from the estate. Strict time limits apply, so it’ important to seek legal advice as soon as possible after the death.  

Scotland's other inheritance rules are also different, so it’s worth considering getting Scottish legal advice to understand your rights. 

Before you can get your will drawn up, you’ll need to make some decisions.

This can be one or more people or organisations and will be known as your beneficiaries. For example, your partner, family members, friends or charities. 

It’s worth considering if anyone you decide to leave out would contest the will after you die. This means they could go to court to ask if your will is fair.

Start with straightforward assets like savings and valuables, then move on to harder-to-value things like:

• property – remember to take off any mortgage that would need to be repaid

• business interests, and 

• investments. 

Also note any sentimental items you’d like specific people to have.

You might be able to include your pension, but your pension provider or scheme administrators will often decide who your money goes to. They can explain the rules that apply to you. 

From 6 April 2027, your pension could become part of your estate when calculating Inheritance Tax. Find out more in our guide What happens to my pension when I die.

There are five main ways to split your estate, called gifts or legacies.

You can then decide what to do with anything that’s left. Read more about residuary clausesOpens in a new window on The Gazette.

If your wishes are simple, a straightforward share of the estate is typical. For more complex situations, you might want to combine several types.

In Scotland, you cannot always stop your spouse, civil partner or children from inheriting part of your estate.

This is because they might have legal rights to claim a share of certain assets, even if your will says otherwise. For example, money, savings, investments and personal possessions.

Inheritance Tax is usually not paid if:

• your estate is under £325,000 or  

• you leave anything above £325,000 to your spouse, civil partner or charity. 

Find out more about who has to pay in A guide to Inheritance Tax in the UK.

If you think Inheritance Tax might need to be paid, read our guide gifts and exemptions from Inheritance Tax.

Your executor is the person or people who will carry out the instructions in your will after you die. It’s useful to discuss this with them before making your will in case there’ a reason they feel they would not want to act.

It is important to choose your executors carefully. Our guide Who can be an executor of a will? can help.

You could also consider writing a letter of wishesOpens in a new window to give more information to your executors about your preferences.

If you die with children under age 18, you can legally appoint people to look after them in your will – called guardians.

You can also choose a trustee to look after their assets. 

Again, it’s useful to discuss this with them before making your will in case there is a reason they feel they would not want to act.

To help avoid any arguments about your estate, consider talking to your loved ones about your wishes.

This lets you explain what you’re doing and might help the people you care about understand why you think it’s best.

Your next step is to get your will written, signed and witnessed correctly so it is legally binding.

If your ability to understand information and make decisions could be questioned, you might need a statement of your capacity. A legal professional can tell you if this is needed.

A will can be legally valid whether it’s written by you, a solicitor or a professional will writer. What matters is that it’s done correctly.

To be valid, your will must be:

• in writing

• dated 

• signed by you and witnesses at the same time.  

In England and Wales, your will should be witnessed by two independent witnesses. They cannot be beneficiaries named in your will or their married or civil partners.

In Scotland, your will should be signed on every page and witnessed by one person aged 16 or over. To help avoid problems later, it's best to choose someone who is not a beneficiary of your will and is not closely related to you.

If you use a professional to write your will, check they’re qualified. Look for a solicitor or a member of a recognised professional body.

There are three main options for writing a will:

1. Write your own will using a DIY template (cheapest but comes with risks).
2. Use a will-writing service (mid-price option with varying levels of regulation).
3. Use a solicitor (most comprehensive but most expensive).

The best option depends on how complex your situation is and how much you want to spend.

You fill in a will-writing form (paper or online) that creates a will for you.

When it’s suitable: If you have a simple estate and are comfortable following instructions. For example, a home and savings with a few beneficiaries to leave it to.

How much it might cost: up to £30.

Find out more in our guide DIY wills – what you need to know.

You’ll get help from a specialist will-writing company to complete your will. This can usually be done online, by phone or face-to-face.

When it’s suitable: If your wishes are not simple but you do not want to pay full solicitor costs.

How much it might cost: Often around £50-£350 for a basic will. Check if you can get a free or reduced cost will from your trade union or employer, as some offer will-writing as a workplace benefit.

If you use this service, try to pick one that’s regulated. Find out more in our guide What is a will-writing service?

Your will is prepared by a qualified solicitor. You’ll get legal advice and the document is tailored to your situation.

How much it might cost: Costs vary a lot depending on how complicated your case is, your location and the firm you choose. Expect to pay at least £200 and much more for complex cases.

When it’s suitable: If your estate is complex, or you want peace of mind. For example, it’s worth considering using a solicitor if: 

• you have children from a previous relationship 

• you’re divorced, separated or cohabiting

• you run a business

• you have a blended family

• you want to set up trusts

• you own property abroad 

• your assets are worth more than the Inheritance Tax threshold

• any of your beneficiaries are vulnerable or receiving means-tested benefits

• if there might be questions later regarding your capacity – for example, if you’ve recently been diagnosed with dementia, Alzheimer’s or a terminal illness

• you share property with someone who is not your spouse or civil partner.

It’s important to use a solicitor that’s regulated. Find out more in our guide Using a solicitor to write your will.

To make sure your will reflects your wishes when you die, remember to review it whenever there’s a significant change to your personal circumstances.

You might even find that your will becomes invalid if you get married or enter into a civil partnership after writing it.  

For example, in Scotland, a new marriage or civil partnership does not automatically cancel an existing will but a divorce or dissolution can affect how it operates.  

Some companies offer ‘free’ will-writing but charge ongoing storage fees that can increase over time. Others might make it difficult to retrieve your will without paying extra costs.

What to check

• Ask about all costs upfront, including any storage fees.

• Find out what happens if you want to retrieve your will later.

• Read the terms and conditions carefully before signing up.

• Consider whether you need to pay for storage at all – you can keep your will at home or use the Probate Service.

Find out more in our guide Where to store your will and how to tell your executor.

If you die without a will, your estate will be divided up based on standard rules. This is called intestacy law and might not be what you want. For example: 

• Your estate will go first to your married or civil partner. If you have children, it might also be split between them. In Northern Ireland, if you have a married or civil partner and no children, your estate might be split between your partner, parents and siblings.

• If you do not have a spouse, civil partner or children, your estate will pass to other close relatives in a set order – unmarried partners, carers or close friends will not receive anything.

• If you have no living relatives, your estate will go to the Crown as ownerless property. 

The rules for who inherits when someone dies without a will (known as intestacy) are different in Scotland. If someone dies without a will, get advice from a Scottish solicitor.

To find out the specific rules for where you live, use the GOV.UK calculator to work out what would happen if you died without a willOpens in a new window

While writing a will is mostly straightforward, scammers can target you by offering fake wills.  

Find out more in our guide Common will-related scams and what to watch out for.