Making a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after you pass away. But for a will to stand up in law, it must meet specific legal requirements. In this guide, we’ll explain exactly what makes a will legally valid in the UK.

1. The Legal Requirements for a Valid Will

Under the Wills Act 1837, a will is only valid in England and Wales if it meets the following criteria:

  • Age: You must be at least 18 years old.
  • Capacity: You must be of sound mind, meaning you understand what a will is, what assets you own, and who may expect to benefit.
  • Voluntary: The will must be made freely, without pressure or undue influence from anyone else.
  • Written: The will must be in writing (handwritten, typed, or printed).
  • Signature: You must sign the will yourself (or someone can sign for you in your presence and at your direction).
  • Witnesses: Your signature must be made or acknowledged in the presence of two witnesses, and they must also sign the will.

2. Who Can Be a Witness?

Choosing the right witnesses is crucial. The rules are:

  • Witnesses must be at least 18 years old.
  • They must be present together when you sign (or acknowledge your signature).
  • Witnesses cannot benefit from your will. If they, or their spouse/civil partner, are named as beneficiaries, their gift will usually be void.

Tip: Use people who have no interest in your estate—for example, friends, neighbours, or colleagues.

3. What Should Be Included in a Will?

While the law sets the framework, what you write inside the will also matters. To avoid disputes, make sure you:

  • Clearly identify your full name and address.
  • Appoint at least one executor (preferably two) to handle your estate.
  • List your beneficiaries and what each should receive.
  • Make provisions for residual assets (anything not specifically listed).
  • Appoint a guardian for children under 18, if applicable.
  • Date the will.

4. Common Mistakes That Invalidate Wills

Even small errors can make a will invalid. Common pitfalls include:

  • Not having two witnesses present at the same time.
  • Allowing a beneficiary (or their spouse) to act as a witness.
  • Forgetting to sign every page (if the will is long).
  • Using ambiguous wording that leads to disputes.
  • Failing to destroy old wills after making a new one.

5. Do You Need a Solicitor?

It’s not a legal requirement to use a solicitor to make a will in the UK—you can write one yourself. However, if your situation is complex (such as owning property abroad, running a business, or having a blended family), professional advice is recommended to avoid costly mistakes.

For straightforward cases, a well-drafted DIY template can be legally valid as long as you follow the signing and witnessing rules carefully.

Final Thoughts

A will is only as strong as its legal validity. By following the rules on age, capacity, signing, and witnessing, you can be confident your wishes will be respected.

If you haven’t made a will yet, there’s no better time to start. It’s a simple step that can save your family stress, time, and money in the future.

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Disclaimer:

This post is for general information only and is not a substitute for professional legal advice. Our templates are designed to save you time and money, but you are responsible for checking they suit your personal circumstances. If you're unsure, always double-check before use.

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