Do you need a solicitor to make a will?
Short answer
No — there is no legal requirement to use a solicitor, and a will you write yourself can be perfectly valid. But solicitor-drafted wills cost only £150–£400 for a simple will, and errors in home-made wills are very common, causing failed gifts, disputes, and expensive contested probate later.
Legally, anyone can write their own will. To be valid in England and Wales it must simply be in writing, signed by you (the testator) in the presence of two independent witnesses, who must also sign. No solicitor, no special form, no registration.
Why DIY wills still go wrong
The formality rules are short but unforgiving, and the traps are real:
- Witnesses cannot inherit. If a beneficiary — or a beneficiary's spouse or civil partner — witnesses the will, the gift to them fails. This is one of the most common and costly mistakes.
- Marriage revokes your will. Getting married or entering a civil partnership automatically cancels any earlier will unless it was made "in contemplation of marriage". Divorce does not revoke a will, but it lapses gifts to the former spouse.
- Home-made wills invite challenges. DIY wills are particularly vulnerable to disputes over execution and over whether the testator knew and approved the contents — and contested probate can cost tens of thousands of pounds per side, dwarfing the £150–£400 a solicitor charges for a simple will.
When professional drafting is strongly recommended
A solicitor earns their fee many times over if any of these apply: your estate is large or complex; you own a business; you are in a second marriage or have stepchildren; you want to set up trusts; or you want to plan around inheritance tax. Online will services and will-writing firms are cheaper but vary widely in quality.
Whichever route you take: appoint at least one executor (ideally with a substitute), consider guardians if you have children under 18, and review the will after major life events. You can amend it later with a codicil — executed with the same two-witness formality — though for significant changes a fresh will is cleaner. Remember the alternative to a valid will is the intestacy rules, which give unmarried partners and stepchildren nothing at all.
Related guides
Intestacy Rules: Who Inherits If There Is No Will
When someone dies without a valid will — or with a will that does not dispose of all their assets — the intestacy rules set out in the Administration of Estates Act 1925 (as amended) determine who inherits and in what proportions. Understanding these rules is important for anyone making estate planning decisions, and for families dealing with the death of a loved one who left no will.
9 min
Contesting a Will: The Five Grounds and the Court Process
Contesting a will is one of the most fact-intensive areas of civil litigation. There are five established grounds for invalidating a will, each with its own legal test and evidential requirements. This guide explains each ground, the evidence usually needed, and the alternative route of an Inheritance Act 1975 claim where the will is valid but does not provide for you.
11 min
Executor Duties: What Being an Executor Involves
Being named as executor in someone's will is a significant responsibility. Executors are personally responsible for collecting the deceased's assets, paying all debts and taxes, and distributing what remains to the beneficiaries — and they can be held personally liable if things go wrong.
6 min
More wills questions
Disclaimer