Using a solicitor to write your will

A solicitor might not be the right choice for everyone wanting a will. You might find a cheaper option works just as well if your situation is straightforward. For example: 

• you want to leave everything to a small number of people 
• you only own property in the UK 
• there are no complex family or financial arrangements. 

But other situations are better suited for professional legal advice. A solicitor can help you avoid mistakes that might make your will harder to enforce, or mean your wishes are not carried out as you intended 

Consider using a solicitor if any of the following apply: 

• You own assets overseas, such as a holiday home or foreign bank account. Different countries have different inheritance laws, so this needs careful handling. 
• You run a business or have a share in one. 
• Your estate is likely to be worth more than the Inheritance Tax threshold. A solicitor can help you understand your options and plan accordingly. 
• You have children from a previous relationship or your family situation is blended in some way. 
• You’re divorced, separated or living with a partner that you're not married to or in a civil partnership with. 
• You want to set up a trust. For example, to protect assets for young children or a vulnerable relative. 
• Any of your beneficiaries have a disability or receive means-tested benefits. Leaving them money directly could affect their entitlements. 
• You have a diagnosis where your mental capacity might be doubted later. For example, Dementia or Alzheimer’s. 
• You own property with someone who is not your spouse or civil partner. 

If none of the statements above apply to you, you could consider a cheaper way to write a will.  

The cost of using a solicitor for a will depends on your situation and where the firm is based. Here's some typical costs to give you an idea: 

• £180 to £420 for a straightforward will 
• £420 to £900 for a more complex will at a high street firm – or over £1,800 at a larger firm. 

What counts as complex depends on your individual circumstances. If your will involves tax planning, overseas property or trusts, costs can run to several hundred pounds or more. 

A solicitor will usually give you a clearer idea of the cost after they understand your situation. Always ask for a fixed fee rather than a cost estimate. A fixed fee locks in the price; an estimate can change. 

If your will is almost identical to your partner, getting a mirror will is usually cheaper than two separate wills. For example, if your will leaves everything to your partner, and your partner's will leaves everything to you. 

Some charities and schemes offer free will-writing through solicitors. This includes: 

• Free Wills MonthOpens in a new window during March and October in parts of England and Wales 
• Will Aid in NovemberOpens in a new window – booking is usually required in advance. 

These services work well if your situation is straightforward. For example, if you're leaving everything to one or two people with no complex arrangements.  

When you use one of these services, you'll be asked if you'd like to leave a donation to a charity in your will. You don't have to, and the amount is entirely up to you. 

If your circumstances are more complex, these schemes might not be able to provide the level of support you need, so it's worth considering a private solicitor instead. 

Solicitors are regulated by the Solicitors Regulation Authority (SRA)Opens in a new window

If something goes wrong, you can complain to the firm first and then to the Legal Ombudsman if the issue is not resolvedOpens in a new window

Solicitors are also required to hold professional indemnity insurance, which provides an additional layer of protection. 

Mistakes such as using the wrong witnesses or missing signatures can make a will invalid, so a solicitor can help you avoid these problems. 

Once signed in front of two independent witnesses, your will becomes legally valid. Mistakes that are not caught early can be costly and stressful for your family to resolve later.

Solicitors understand Inheritance Tax, trusts and other legal complexities that can be easy to get wrong without professional guidance. 

Most solicitors store your original will securely at no extra charge.

Going to see a solicitor for the first time can feel daunting, especially if you've never made a will before.  

Your solicitor should: 

• ask detailed questions about your circumstances, family and health 
• explain your options clearly 
• give you a fixed fee or estimate early on and explain how it’s calculated 
• provide advice that is confidential and puts your best interests first 
• draft and check your will according to your instructions 
• oversee the signing and witnessing of your will. 

Being prepared means you'll get more out of the meeting, which could save you time and money. 

Start by getting a clear picture of what you own. This includes: 

• property – either owned by yourself or with others 
• savings and bank accounts 
• pensions  
• investments or shares 
• overseas assets, such as a holiday home or overseas bank account 

You don't need exact figures, but a rough sense of what you have and where it is will help the solicitor understand your situation. 

Think about: 

• your beneficiaries – who you want to leave things to (people and/or organisations) 
• your executor – the person responsible for carrying out your wishes after you die, such as a trusted friend, family member or a professional 
• a guardian – someone to care for any dependants or children under 18. 

Make a note of any significant debts, such as a mortgage, loans or credit cards. These will affect what your estate is worth when you die. 

If you want to leave specific items or amounts to particular people, write these down in advance. For example, a piece of jewellery to a grandchild or a donation to a charity. 

A will is not the only place to record funeral wishes, but many people choose to include them.  

Think about whether you have any preferences around burial or cremation, or a particular type of service. 

Some circumstances need more careful planning. Let the solicitor know if any of the following apply: 

• you have children from a previous relationship, or a blended family 
• you're getting married, entering a civil partnership or getting divorced (marriage automatically cancels any previous will) 
• you're separating from your partner (if unmarried) 
• your beneficiaries include someone vulnerable or with a disability 
• you want to set up a trust (for example, to protect assets for young children) 
• you want to exclude certain family members from your will. 

Being upfront about these things means the solicitor can give you proper advice, rather than spotting a problem later. 

It's completely reasonable to ask questions before you commit to using a particular solicitor. A good solicitor will welcome this. Here are some worth asking: 

Ask whether they regularly deal with wills and estates. This area of law is sometimes called "private client" work.  

It's also worth asking if they've handled situations like yours before, particularly if your circumstances are complex.

Ask the firm to confirm they are regulated and check whether they carry professional indemnity insurance.  

Ask how to make a complaint if something goes wrong. 

Ask for a full written quote before you agree to anything. Check whether the fee covers: 

• an initial consultation 
• drafting the will 
• any revisions if you want changes made 
• a meeting to sign and witness the will 
• storing the original will 
• providing you with a copy. 

If any of these are charged separately, ask how much they cost.

If the solicitor suggests their firm acts as your executor, ask how they charge for this.  

For example, firms might charge a percentage of the estate's value, an hourly fee or a fixed amount.   

A percentage-based fee on a large estate can be significant, so it's worth understanding this clearly before agreeing. 

Ask whether they offer a reminder service to prompt you to review your will. 

Ask whether a simple change can be handled with a codicil (a formal addition to an existing will) or whether you'd need a completely new will – and how much each option would cost. 

For most people, it takes between one and three weeks. This usually includes an initial consultation, drafting, reviewing and signing the document. 

If you're facing a serious diagnosis or other time pressure, it's worth telling the solicitor from the beginning so they can prioritise your case where possible.

There's no shortage of firms offering to help with wills, but the quality and protections available can vary. Here's how to make a confident choice.

Only use a solicitor who is regulated by the appropriate body for where you live. Use one of the directories in the table below to find a qualified solicitor near you.

Look for solicitors who specialise in wills, probate or private client work. You can check a firm's registration on the relevant body's website. 

Regulation means the firm must meet professional standards, hold insurance and follow a complaints process. 

Be aware of any business that describes itself as "using a solicitor" or offering "legal services" without being a regulated firm.  

Will-writing is not regulated in England and Wales. This means unregulated businesses can legally offer it, but without the same protections. 

While it can be helpful to understand how different firms structure their fees, cost should not be the only factor in your decision.  

Taking the time to understand a solicitor’s experience and approach can be as important as comparing fees. 

Beware, online reviews should be treated with caution for wills, as issues often only come to light many years after the will is written.

Ask the firm where your original will is stored, whether you can access it easily and what happens to it if the firm closes or merges with another firm.  

You should always be given a copy of your will to keep yourself. 

Most solicitors work with complete transparency and professionalism, but it's worth knowing what to look out for. 

Some will writers work with a solicitor, which can make them sound more trustworthy. But, if something goes wrong and that solicitor has since left, you might have no route to the Legal Ombudsman. 

If you use a regulated solicitor's firm, the firm itself is accountable, so you can still complain through the Legal OmbudsmanOpens in a new window – even if the person who helped you has since moved on. 

Some will-writing companies present themselves in ways that might suggest they are solicitors when they are not.  

Always verify the firm's registration with the relevant regulatory body before instructing them.

Your executor is the person who sorts out your estate (your property, money and possessions) and carries out the instructions in your will after you die.  

Some firms will suggest appointing themselves as executor of your estate. A solicitor can reasonably suggest acting as your executor, particularly if your estate is complex.  

But you should receive clear, written information about how their fees will be calculated. If a firm is reluctant to provide this, treat it as a warning sign.