Making a will

Making a will is important because otherwise your assets, such as savings, investments or property, will be divided according to default legal rules rather than your wishes. For example, step-children will not usually inherit if there is no will.

Anyone over 18 (or 12 in Scotland) can make a will. You can make a will at any time in your life, as long as you have mental capacity. Read more about mental capacity. 

If you want to make a power of attorney, it’s a good idea to do this at the same time as making a will. Read more about making a power of attorney.

Find more information about making or updating a will at GOV.UK.

How to make a will

Although you can write a will yourself, it's best to speak to a solicitor. They are experts, and will help to reduce the possibility of your wishes being misunderstood later.

Before you agree to work with a solicitor, don’t forget to ask:

• how much their service will cost and how much time it will take
• whether your solicitor will make home or hospital visits, if needed.

It's a solicitor's responsibility to keep you informed of costs and to give you a clear bill that shows the work done and the amount charged.

If you are seriously or terminally ill, the solicitor may ask for your doctor to be there to give an opinion on your capacity to make a will.

Alternatively, the solicitor may ask for a report of your physical and mental health, to prove that you are able to make decisions about your assets.

Your solicitor may also recommend that your doctor acts as a witness to the will.

These steps can help reduce the risk that your wishes are contested at a later time. Contesting a will means that someone challenges whether it is legally valid and enforceable. Wills can be contested if someone claims, for example, that the person who made the will:

• was put under pressure from someone else
• didn’t have mental capacity when they made the will.

In your will, you can choose your executors. Executors are the people who will sort out your finances and carry out your wishes after your death.

You can decide who will receive your money or a specific item, such as a piece of jewellery. It is also helpful to include your funeral instructions.

Finding a solicitor

Make or update your will for free

We've partnered with Farewill and the National Free Wills Network so that you can make a will online, by phone, or with a solicitor for free. You can make a single will or a joint will with a spouse or partner.

Find out how to make your will for free.