Can You Write Your Own Will?

Is writing your own will legal?

Yes, you can write your own will in England and Wales. It is valid only if it meets the rules in the Wills Act 1837, and many home-made wills fail one of them or leave gaps that cause disputes. If a will is invalid, you lose control of who inherits your estate, and it passes under the intestacy rules instead.

• If your will is handwritten, read our guide: Is a handwritten will legal?

What makes a will valid?

For a will to be valid in England and Wales, all of these must be true:

• It is in writing. It can be typed or handwritten.
• You sign it, or someone else signs it for you in your presence and at your direction. You must intend the signature to give effect to the will.
• You sign, or acknowledge your signature, in front of two witnesses who are both present at the same time.
• Each witness then signs the will in your presence.

Witnessing over video was allowed only for wills made between 31 January 2020 and 31 January 2024. Today both witnesses should be physically with you.

The problem with writing your own will

A badly drafted will can result in substantial legal fees trying to rectify the situation and these fees are almost always well in excess of the cost of a professionally drafted will. Such problems affect 10,000s families every year and result in additional stress for executors, who are often close family or friends.

Whilst drafting the will itself is clearly a key part of our work, clients are often surprised by the other areas that are considered part of the will drafting process. For example, a professional will writing solicitor will consider taxes and potentially save a significant amount in unnecessary tax.

Careful consideration must also be given to potential challenges to the will, for example, as a result of the alleged lack of capacity of the testator or cutting someone out of your will. If properly considered, potential issues can be avoided.

However, if ignored the result can be a costly legal battle. Professional will drafters understand the intricacies and nuances of will clauses as this is what they do daily.

That is not to say that a homemade will cannot be considered in some circumstances where your affairs are very straightforward. However, you should proceed cautiously and ask yourself if it is worth the risk or if it is a false economy.

Why professional advice is important

Professional wills can also be, to some extent at least, future-proofed by providing for future changes in circumstances, for example, by including substitute beneficiaries or executors or by being made in contemplation of marriage and so not revoked on your wedding day.

DIY wills often cannot accommodate this. A professionally drafted will can save you the time and effort of having to prepare a new will and will make you aware of wider issues surrounding the preparation of wills and when they should be reviewed.

Clients often think their circumstances are straightforward, but after taking instructions and discussing their background, this is frequently not the case.

Common problems with DIY Wills

• No executors are appointed.  Executors are the people who administer an estate. It is essential that the chosen executors are trustworthy and will follow the testator’s wishes. (Read these blog post Beware of appointing your children as executors & Dealing with debts as an executor)
• Beneficiaries are not clearly identified.  This makes it difficult for the executors to distribute the estate and beneficiaries to establish their entitlement under the Will.
• Estate not fully disposed of.  A partial intestacy arises if the Will does not dispose of all of the testator’s assets.  The Intestacy Rules do not provide for certain people, such as unmarried partners, and they do not take into account any estrangements.
• Inadequate trust provisions.  DIY Wills frequently do not contain appropriate trust provisions for children or vulnerable beneficiaries.
• No witnesses, or the wrong witnesses. Two people must witness your signature at the same time. A witness, or their husband, wife or civil partner, cannot also be a beneficiary. The will is still valid, but any gift to that witness or their spouse is void.
• Not dated. This creates uncertainty in establishing the last Will.
• Marriage or civil partnership after the will is made. Getting married or entering a civil partnership cancels an existing will, unless the will was made in expectation of that specific marriage and says so.

DIY Wills’ blamed for rise in probate disputes

The Law Gazette has recently reported that ‘DIY Wills’ are being blamed for the rise in probate disputes, and this is certainly something we have encountered.

Homemade wills are commonplace, and this is not surprising with DIY kits available from the high street. While preparing your will in this way may save you money in the short term, doing so is risky and could have serious consequences when you are gone.

When a home-made will may be enough, and when it is not

A home-made will can work if your affairs are simple: one marriage or partnership, adult children, no property abroad, no business, and no one who relies on you financially who might challenge the will.

Take advice if any of these apply:

• You have children from an earlier relationship, or you are making a second marriage.
• You own property abroad or live outside the UK.
• You own a business or a large amount of property.
• You want to leave something to a child or vulnerable person in trust.
• You expect someone to challenge the will.
• Your estate may be liable to inheritance tax.

Our fixed fee to prepare a straightforward will is £750 plus VAT. Find out more about making a will.

Contact Osbornes Law

Taking professional advice when making a will should mean these problems are avoided and give you the peace of mind that your estate will be administered properly and distributed in accordance with your wishes.  And in the long run, the costs of rectifying a Will or resolving a dispute in court will far outweigh the initial costs of a professionally drafted Will.

• Call 020 7485 8811, or
• Fill in the contact form to speak to a specialist.