✅
Free Compliance Tool
UK Last Will and Testament Compliance Checklist
Create a will that follows UK law requirements with proper execution and witnessing. This interactive checklist covers testator details, revocation of prior wills, executor appointments, guardian provisions for minor children, specific gifts, residuary estate distribution, witness requirements (18+, NOT beneficiaries, NOT spouses of beneficiaries), proper execution, and what to do after signing. This checklist covers 48 legal requirements. The template handles all of them automatically.
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How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to verify every requirement before, during, and after creating your will.
✅ Preparing Your Will
1. Before starting: List all assets, beneficiaries, and executors
2. While completing: Verify every section against all 48 compliance points
3. Before witnessing: Check proper execution requirements and witness eligibility
⚠️ Critical Requirements for UK Wills
📋 Must Be in Writing: Oral wills are not typically recognised in UK law (except privileged wills for armed forces).
✏️ Must Be Signed: The testator must sign or acknowledge their signature in the presence of two witnesses.
👥 Two Witnesses Required: Both witnesses must be present at the same time and sign in the testator's presence.
🚫 Witness Restrictions: Witnesses (or their spouses/civil partners) cannot be beneficiaries. If they are, their gift fails.
💼 Common Failures: Beneficiary as witness, only one witness, witnesses not present together, unclear beneficiaries, missing executor powers.
🚫 Witness Disqualification Rules?CRITICAL: If your daughter witnesses your will, she loses her inheritance. If her husband witnesses it, she also loses her inheritance. This is automatic under S15 Wills Act 1837 - no exceptions. Use work colleagues, neighbours, or friends who get nothing under the will.
Beneficiary as Witness: If a beneficiary witnesses your will, their gift fails automatically - they inherit nothing. Spouse of Beneficiary: If a beneficiary's spouse/civil partner witnesses, the beneficiary's gift also fails. Who Can Witness: Friends, neighbours, work colleagues - anyone 18+ who gets nothing under your will. Professional Witnesses NOT Required: You don't need a solicitor or doctor - any two competent adults who aren't beneficiaries can witness.
🔵 Understanding Importance Levels
🔴 Critical: Should have — required under Wills Act 1837
🟡 Important: Should have — protects against disputes
🔵 Recommended: Nice to have — best practice for clarity
UK Last Will and Testament Compliance Checklist
48 Points | www.templatesuk.com
1. Testator Details (6 items)
Testator's Full Legal Name
Your complete legal name as shown on official documents. This is the person making the will. Should match your passport, driving licence, or birth certificate exactly.
🔴 Critical
Testator's Full Address
Your complete residential address. This identifies you and confirms your domicile for probate purposes. Use your permanent UK address.
🔴 Critical
Testamentary Capacity?You must: (1) Understand you're making a will, (2) Know the extent of your property, (3) Understand who might expect to benefit, (4) Not be suffering from a mental disorder that affects these abilities. If in doubt due to age/illness, get a doctor's capacity assessment dated same day as will signing.
Confirm you are 18 or over (or validly married/in armed forces if under 18) and have the mental capacity to make a will. You must understand the nature of making a will, the extent of your property, and the claims of those who might expect to inherit.
🔴 Critical
Date of Will
The date you sign the will. This determines which will is most recent if you have made multiple wills. The latest dated valid will replaces all earlier wills.
🔴 Critical
Made of Own Free Will?Common pressure situations: Elderly person being pressured by one child to disinherit others. Person being coerced by carer. Someone signing will while heavily medicated. If you feel pressured, delay signing. If necessary, see solicitor alone. Undue influence can invalidate entire will.
Confirm you are making this will voluntarily, without pressure, coercion, or undue influence from anyone. The will must reflect your genuine wishes.
🔴 Critical
Declaration Statement
Clear opening declaration: "This is the last will and testament of me [name] of [address]". This establishes the document is intended as your will.
🔴 Critical
2. Revocation Clause (3 items)
Revokes All Prior Wills?Standard clause: "I revoke all former wills and testamentary dispositions made by me." This cancels ALL previous wills you've made. Without this clause, you might have multiple conflicting wills. If you want to keep parts of old will, use codicil instead of new will.
Clear statement revoking all previous wills and codicils. CRITICAL: This clause cancels any earlier wills you made. The new will becomes your only valid will. Standard wording: "I revoke all former wills and testamentary dispositions made by me."
🔴 Critical
Destroy Old Wills?Best practice: After signing new will, physically destroy old wills (tear them up, shred them). This prevents confusion. Executors sometimes find old wills and don't know which is valid. Multiple wills = disputes = delays = legal costs. Write "REVOKED" across old will, date it, sign it, then destroy.
IMPORTANT: After making this new will, physically destroy all copies of old wills. Tear them up or shred them. This prevents confusion and disputes. Write "REVOKED" on old wills before destroying them.
🟡 Important
Check for Mutual Wills?Mutual wills = legally binding agreement with someone (usually spouse) not to change wills. Rare but serious. If you made mutual wills with late spouse, you might NOT be able to make new will. Check old will for phrases like "mutual will", "binding agreement", "irrevocable". If unsure, see solicitor.
If you previously made "mutual wills" with a partner (a binding agreement not to change your wills), you might not be able to make a new will. Mutual wills are rare but legally binding. If unsure, seek legal advice before proceeding.
🟡 Important
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3. Executor Appointments (8 items)
At Least One Executor Named?Who makes good executor: Spouse, adult child, trusted friend, sibling, professional (solicitor/accountant). Must be 18+ when you die (can appoint someone currently 16-17, they just can't act until 18). Should be organized, trustworthy, willing to do it. Lives in UK = easier (but can appoint someone abroad).
Appoint at least one executor. This is the person who will administer your estate after your death. They collect assets, pay debts, distribute inheritances. CRITICAL: Without an executor, court appoints someone which delays everything and costs more.
🔴 Critical
Executor Full Names & Addresses
Complete legal names and addresses of all executors. This identifies them clearly. Use their current residential addresses. If executor moves, your will is still valid - probate registry will trace them.
🔴 Critical
Multiple Executors (Recommended)?Best practice: Appoint 2-3 executors. If one dies before you or refuses, others can continue. Maximum 4 executors can apply for probate (but you can appoint more as substitutes). Common combinations: Spouse + adult child. Two adult children. Trusted friend + family member. Solicitor + family member.
Consider appointing 2-3 executors. If one dies before you, becomes incapacitated, or refuses to act, the others can continue. This provides backup. Maximum of 4 executors can apply for probate, but you can appoint substitutes.
🔵 Recommended
Substitute Executors?Practical example: "I appoint my wife Jane Smith, and if she predeceases me or is unable to act, I appoint my son Thomas Smith and my daughter Sarah Jones." This means if Jane can't do it (died, too ill, refuses), Thomas and Sarah step in automatically. No need for new will.
Name substitute (backup) executors in case your first choice cannot or will not act. Example: "If [Executor 1] predeceases me or is unable or unwilling to act, I appoint [Executor 2]." This prevents need for court appointment if original executor unavailable.
🟡 Important
Executor Powers Granted
Include broad executor powers: power to sell property, invest funds, run any business, employ professionals, advance funds to beneficiaries. Standard wording: "I give my executors the fullest powers permitted by law." Without these powers, executors might need court permission for routine tasks.
🔴 Critical
Professional Executor Consideration?When to use professional: Large estate (£500k+), complex assets (business, overseas property, trusts), family disputes expected, no suitable family/friends. Pros: Experience, impartiality, continuity. Cons: Fees (typically 2-5% of estate). Can appoint solicitor AND family member together for balance.
For complex estates, consider appointing a professional executor (solicitor, accountant, or bank) alongside or instead of family. They charge fees (typically 2-5% of estate) but provide expertise and impartiality. Particularly useful for business assets or family disputes.
🔵 Recommended
Executors Aware of Appointment
IMPORTANT: Tell your executors you've appointed them and where the will is kept. They can refuse when the time comes, but warning them prevents surprises. Explain your wishes and where important documents are located.
🟡 Important
Executor Age Requirement
Executors must be 18+ when they act (at your death), not when you make the will. You can appoint someone currently 16-17, they just cannot apply for probate until they turn 18. Most people appoint executors aged 25+.
🔴 Critical
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4. Guardian Appointments (5 items)
Guardian for Minor Children?Who can be guardian: Any adult 18+. Commonly: Sibling, parent, close friend. Cannot force someone to be guardian - they can refuse when time comes. Best practice: Discuss with them first. If both parents die together, court appoints your named guardian (unless someone objects). No guardian named = court decides.
If you have children under 18, appoint a guardian to care for them if both parents die. CRITICAL: If you don't appoint a guardian, the court decides who raises your children. This could be someone you wouldn't choose.
🔴 Critical
Guardian Full Names & Addresses
Complete legal names and addresses of appointed guardians. This identifies them clearly for the court. If they move, the appointment remains valid - the court will locate them.
🔴 Critical
Substitute Guardians?Example: "I appoint my sister Emma Jones as guardian, and if she is unable or unwilling to act, I appoint my brother David Smith." If Emma dies before you, moves abroad, or says no, David automatically becomes guardian. No need for new will. Always have backup.
Name substitute (backup) guardians in case your first choice cannot or will not act. If both first-choice guardians die before you or refuse, substitute guardians step in. Prevents court having to choose.
🟡 Important
Guardian Awareness
IMPORTANT: Discuss guardianship with your chosen guardians before appointing them. Confirm they're willing and able to take on this responsibility. Explain your wishes for the children's upbringing, education, and values.
🟡 Important
Financial Provision for Guardians?Options: (1) Leave money in trust for children with guardian managing it, (2) Leave inheritance directly to guardian to use for children, (3) Create specific fund for children's expenses. Best: Separate trustee (executor) manages money, guardian manages care. Prevents conflicts. Specify what money can be used for: education, housing, living expenses.
Consider leaving funds to help guardians raise your children. Specify whether guardians can use the money for children's expenses or if it should be held in trust until children reach a certain age. Prevents financial burden on guardians.
🔵 Recommended
5. Specific Gifts (6 items)
Pecuniary Legacies (Money Gifts)?Example: "I give £5,000 to my nephew James Smith of 12 High Street." Be specific. "£5,000 to James" - which James? If 2 nephews called James, both might claim it. Include full name and address. If they die before you, gift fails (goes to residue) unless you say "to James or if he predeceases me to his children."
Specific cash gifts to named beneficiaries. State exact amount and full name/address of recipient. Example: "I give £10,000 to my friend Sarah Jones of [address]." If no address, probate registry struggles to find them.
🔵 Recommended
Specific Property/Items?Example: "My engagement ring to my daughter Emma" (good). "All my jewelry to Emma" (risky - what if you sell some jewelry before death?). Best: "My engagement ring with 3 diamonds to Emma, and if I no longer own it, £2,000 to Emma instead." This covers you if you sell/lose item.
Specific items to named beneficiaries: property, jewelry, vehicles, collectibles. Describe item clearly. Example: "My gold wedding ring to my daughter." WARNING: If you no longer own the item when you die (sold it, lost it), the gift fails.
🔵 Recommended
Beneficiary Full Names & Addresses
For every beneficiary, include full legal name and address. Probate registry needs this to locate them. "My friend Sarah" is insufficient - which Sarah? "Sarah Jones of 45 Oak Road, Manchester M1 2AB" is clear.
🔴 Critical
Substitute Beneficiaries?Example: "£10,000 to my sister Jane Smith, but if she predeceases me, to her children in equal shares." If Jane dies before you, her children split the £10,000. Without this, the £10,000 goes to residue (might not be what you wanted). Common for charity gifts too.
State what happens if beneficiary dies before you. Example: "To my brother John, or if he predeceases me, to his children in equal shares." Without substitute, the gift fails and falls into your residuary estate (general pot).
🟡 Important
Charity Gifts?Use charity's FULL legal name + registered charity number. Not "Cancer Research" (which one?). Use "Cancer Research UK, registered charity 1089464." If charity no longer exists when you die, gift fails unless you say "or to similar charity at executors' discretion." Many charities merge/change names.
For charity gifts, use charity's full legal name and registered charity number. Example: "£5,000 to Cancer Research UK, registered charity number 1089464." This prevents confusion if charities merge or change names.
🟡 Important
Property Maintenance During Administration
If gifting property, state who pays insurance/maintenance before it's transferred. Example: "My cottage in Devon to my son, with insurance and maintenance costs paid from my estate until transfer completed." Prevents disputes.
🔵 Recommended
6. Residuary Estate Distribution (8 items)
Residuary Estate Defined?Example: You own house (£300k), savings (£50k), car (£15k), jewelry (£5k). Total estate: £370k. You give £10k to brother, £5k to charity. That's £15k in specific gifts. Residuary estate = £370k - £15k = £355k. This is what gets divided per your residuary clause. Most valuable part of your will!
Your residuary estate is everything left after specific gifts, debts, funeral costs, and administration expenses are paid. This is usually the largest part of your estate (house, savings, investments). You MUST state who gets this.
🔴 Critical
Primary Residuary Beneficiaries
Who inherits your residuary estate? Common: "To my spouse" or "To my children in equal shares" or "50% to spouse, 50% to children equally." Include full names and addresses. This is the core of your will.
🔴 Critical
Substitute Residuary Beneficiaries?Example: "Residue to my husband, but if he predeceases me, to my children in equal shares." Your husband dies first. Without this, your will fails partially and intestacy rules apply (might not be what you want). With this, your children inherit everything. CRITICAL clause.
What happens if primary beneficiary dies before you? Example: "To my wife, but if she predeceases me, to my children equally." Without substitute beneficiaries, partial intestacy may apply. Always include substitutes.
🔴 Critical
Equal vs Unequal Shares
If multiple beneficiaries, state shares clearly. "Equally" or "in equal shares" means 50/50 for 2 people, 33.3% each for 3 people. Or specify: "60% to my daughter Sarah, 40% to my son John." Be explicit to prevent disputes.
🔴 Critical
Per Stirpes vs Per Capita?You have 2 children: Sarah (3 kids) and John (1 kid). Estate £100k. Sarah dies before you. Per stirpes: Sarah's £50k goes to her 3 children (£16.6k each). John gets £50k. Per capita: All 4 grandchildren split Sarah's £50k equally (£12.5k each), John gets £50k. Big difference! Most people want per stirpes.
If beneficiary predeceases you, does their share go to their children (per stirpes) or be redistributed among surviving beneficiaries (per capita)? Per stirpes protects bloodlines. State your preference clearly.
🟡 Important
Age Contingency for Children?Example: "To my children at age 21." Child inherits £100k aged 15. Money held in trust until 21st birthday. Executors manage it, pay for education/welfare meanwhile. Without age clause, 18-year-old gets £100k immediately (might blow it on car/holiday). Age 21-25 common for protection.
If beneficiaries are children, when do they inherit? "At age 18" (legal default) or "at age 21/25" (more protective). Under that age, inheritance held in trust for them. Protects immature beneficiaries from large inheritances.
🟡 Important
Life Interest vs Absolute Gift?Example: £500k estate. Life interest to spouse: Spouse can live in house, get income from investments, but doesn't own capital. When spouse dies, capital goes to your children. Absolute gift: Spouse owns everything outright, can sell/spend/remarry and leave to someone else. Protects children from remarriage scenario.
Life interest: Beneficiary gets income/use during lifetime, but capital passes to others on their death. Absolute gift: Beneficiary owns outright. Common for second marriages - life interest to spouse, remainder to children from first marriage.
🔵 Recommended
Ultimate Default Beneficiary?Disaster scenario: You, spouse, all children die in accident. Who inherits? Without default clause, intestacy rules apply (might go to distant relatives you never met). Default clause: "If all above fail, to Cancer Research UK." Ensures your estate goes somewhere you want, not random cousins.
What if all beneficiaries predecease you? Ultimate failsafe: "If all above gifts fail, residue to [charity/person]." Prevents intestacy in catastrophic scenarios. Often overlooked but important safety net.
🟡 Important
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7. Execution Requirements (7 items)
Testator Signature Required?You MUST physically sign your will. Electronic signatures NOT acceptable. If physically unable to sign (e.g. broken hand), someone can sign on your behalf while you direct them, in presence of two witnesses who attest you directed the signature. This is rare - most people can make a mark.
You must sign your will or acknowledge your existing signature in the presence of two witnesses. Electronic or stamped signatures are not typically acceptable. Your signature should appear at the end of the will.
🔴 Critical
Signed in Presence of Two Witnesses?Real scenario: You sign will at kitchen table. Both witnesses sit opposite watching you sign. You finish signing, put pen down. Now both witnesses sign while you watch. All must be in same room, same time. Cannot: Sign Monday, witness 1 signs Tuesday, witness 2 signs Wednesday. Must all happen together.
You must sign (or acknowledge your signature) while both witnesses are physically present watching. Remote witnessing or witnessing at different times is not typically recognised. COVID temporary provisions have ended.
🔴 Critical
Both Witnesses Present Simultaneously
CRITICAL: Both witnesses must be in the room at the same time when you sign and when they sign. You cannot have witness 1 sign today and witness 2 sign tomorrow. They must both witness the same signing event.
🔴 Critical
Witnesses NOT Beneficiaries?Example: You leave £100k to your daughter Sarah. Sarah witnesses your will. Result: Sarah gets NOTHING - her £100k gift fails automatically under S15 Wills Act 1837. Will is still valid, but Sarah loses her inheritance. Use work colleague instead. NEVER use beneficiaries as witnesses.
S15 Wills Act 1837: If a beneficiary witnesses your will, their gift FAILS automatically. They inherit nothing. The will remains valid, but that beneficiary loses their inheritance. Use independent witnesses only.
🔴 Critical
Witnesses NOT Spouses of Beneficiaries?Example: You leave £50k to your niece Emma. Emma's husband Tom witnesses. Result: Emma gets NOTHING - Tom witnessing kills her £50k gift under S15 Wills Act 1837. Even though Emma didn't witness, her spouse did, so she loses everything. Common mistake with couples.
S15 Wills Act 1837: If the SPOUSE or civil partner of a beneficiary witnesses, the beneficiary's gift FAILS. Even though the beneficiary didn't witness, their spouse did, so they lose their inheritance. Use truly independent witnesses.
🔴 Critical
Witness Details Recorded?Each witness should write: Full name, occupation (e.g. "Accountant"), full address. Why? Probate registry may need to contact them years later to confirm they witnessed. Clear details make probate smooth. Vague details ("J Smith, London") cause problems. Good: "Jonathan Smith, Teacher, 45 Oak Road, Manchester M1 2AB".
Each witness should include their full name, occupation, and address. While not strictly required for validity, witness details help probate registry verify the will if questioned. Professional occupation adds weight but not required.
🟡 Important
Attestation Clause Included
Standard attestation clause: "Signed by the testator in our presence and then by us in the presence of the testator and each other." This confirms proper execution procedure was followed. Strong evidence for probate.
🟡 Important
8. After Execution (5 items)
Store Will Safely?Options: (1) Fireproof safe at home - £50-150, (2) Bank safety deposit box - £50-200/year, (3) Solicitor storage - £50-100/year, (4) Probate Registry - £20 one-time (cheapest but harder to update). DON'T: Leave on desk, in random drawer, tell nobody where it is. DO: Secure location + tell executors exact location.
Store your will in a safe, dry location: fireproof safe, bank deposit box, solicitor's office, or Probate Registry. NEVER store in a place where it could be lost, damaged, or tampered with. The original is required for probate.
🔴 Critical
Tell Executors Where Will Is Kept?Common disaster: Person dies, will in safe, nobody knows combination. Executors search for months. Solution: Tell executors: "Will in study safe, combination 1234" OR "Will with Harrison & Co Solicitors, 15 High Street." Write it down for them. Update if you move it. Dead simple.
Inform your executors exactly where your will is stored and how to access it. Give them location details, contact information for solicitors if stored there, or safe combination if applicable. If they can't find your will, intestacy rules may apply.
🔴 Critical
Review Will Regularly
Review your will every 3-5 years or after major life events. Still reflects your wishes? Executors still suitable? Beneficiaries still appropriate? Regular review prevents outdated wills causing problems.
🟡 Important
Update After Major Life Events?Marriage AUTOMATICALLY REVOKES your will (becomes invalid). Divorce doesn't revoke it but treats ex-spouse as if they died. Major events requiring update: Marriage, divorce, birth of child, death of beneficiary, death of executor, significant asset changes, moving abroad, changed mind about who inherits. Review after ANY major life change.
Marriage automatically revokes your will. Divorce, new children, death of beneficiaries/executors, significant wealth changes - all require will updates. Don't wait - update promptly after life changes or your will may not reflect current wishes.
🔴 Critical
Consider National Will Register?Costs £42 (one-time). When you die, solicitors search register to find your will. Prevents: Lost wills, relatives claiming "no will exists", will only found years later. Worth it? If estate over £100k, yes. If will is with solicitor who'll notify executors, maybe not. Personal choice for peace of mind.
Optional: Register your will with Certainty National Will Register (£42). When you die, solicitors can search to find your will. Helps prevent will being lost or overlooked. Particularly useful if will stored at home.
🔵 Recommended
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You've Done the Research. Now Finish It.
Complete will template — all clauses included, professionally drafted.
Fill in your details in minutes and you're done.
£10 — Own It Forever
Create Your Will Now
→
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Next Steps
Now that you've reviewed the compliance checklist, you have two options:
✅ Use Our Ready-Made Template
Create your will with our professionally drafted template. Covers all 48 compliance points with executor appointments, guardian provisions, gifts, and residuary estate clauses. Available in both Smart Interview (guided) and Classic Editor (direct editing) modes for just £10. Preview the full template with watermark before you buy. Get the template →
📝 Create Your Own Will
Use this checklist as your guide, but remember errors can invalidate your will — e.g. beneficiary as witness means they inherit nothing (S15 Wills Act 1837), missing simultaneous witnessing may be considered invalid, marriage automatically revokes your will.
🔗
Official Government Resources
Frequently Asked Questions
General information about making a will in England & Wales
Do I need a solicitor to make a will?
Many complete straightforward wills without one. Our template is based on UK law and includes clear guidance for typical estates. Consider review for complex circumstances.
What happens if a beneficiary witnesses my will?
Under S15 Wills Act 1837, if a beneficiary or their spouse witnesses your will, that beneficiary's gift fails automatically. The will remains valid, but they inherit nothing. Always use independent witnesses.
Does marriage affect my will?
Marriage automatically revokes your will in England & Wales. You must make a new will after getting married. Divorce does not revoke your will but treats your ex-spouse as if they died before you.
What are the witness requirements?
You need two witnesses aged 18+ who are not beneficiaries or spouses of beneficiaries. Both witnesses must be present together when you sign and when they sign. They should record their full names, occupations, and addresses.
How often should I review my will?
Review your will every 3-5 years or after major life changes: marriage, divorce, birth of children, death of named beneficiaries or executors, significant change in assets, or moving house. You can update it using a codicil for minor changes or create a new will for major changes.
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Disclaimer: This checklist is for general informational purposes only and does not constitute legal advice. While we strive to keep information accurate and up to date, the law is complex and subject to change. Every situation is unique. Last updated: May 2026.