Making a Will Legally Valid in England and Wales

A will is one of the most important documents a person can leave behind. Getting the formalities right matters: a will that is not correctly signed, witnessed, or stored can cause significant difficulties for those left to administer the estate.

This guide provides a general overview for England and Wales. It is not a substitute for legal advice. Scotland and Northern Ireland have different legal systems and are outside the scope of this guide.

Signing and witnessing

For a will to be valid in England and Wales, certain formal requirements must be met. The rules derive from the Wills Act 1837 and subsequent legislation:

• The person making the will (the testator) must be aged 18 or over and of sound mind (known as having testamentary capacity).
• The will must be in writing (printed or handwritten).
• The testator must sign the will, or direct another person to sign on their behalf in their presence.
• The signature must be made or acknowledged in the presence of two witnesses, both present at the same time.
• Both witnesses must then sign in the presence of the testator.

Use independent witnesses. A beneficiary can physically act as a witness, but in England and Wales a gift to that witness, or to their spouse or civil partner, is generally void. The rest of the will may remain valid. Independent adult witnesses avoid that risk.

Revoking and replacing a will

A will can be revoked — that is, made invalid — in several ways:

• Making a new will — a later valid will that expressly revokes all earlier wills is the most common approach. Most professionally drafted wills include a revocation clause at the start.
• Marriage or civil partnership — in England and Wales, getting married or forming a civil partnership automatically revokes a previous will, unless the will was made in express contemplation of that marriage or partnership. This is a common oversight. Always make a new will after getting married.
• Divorce — in England and Wales, divorce or dissolution of a civil partnership does not revoke a will, but gifts to the former spouse or civil partner and any appointment of them as executor are treated as if they had died on the date of the decree absolute. This is a high-level overview only; the position can be nuanced.
• Physical destruction — burning, tearing, or otherwise destroying a will with the intention of revoking it. However, if a will is accidentally destroyed, it may still be valid if its contents can be proved by other means.
• A codicil — a written amendment that modifies specific parts of a will without revoking the whole document. It must be signed and witnessed with the same formality as the original will.

Storing your will

Where you store a will matters. If a will cannot be found after death, it may be treated as having been revoked. Common storage options include:

• At home — in a fireproof document box or safe. Ensure a trusted person knows where it is. Risk of loss, damage, or accidental destruction.
• With a solicitor — many solicitors will store wills they have drafted free of charge or for a small fee.
• The National Will Register (Certainty) — a private registration service that records where a will is stored. Registration does not store the document itself, but helps locate it after death.
• HM Courts and Tribunals Service — wills can be deposited for safe-keeping via the Probate Registry for a small fee.

Wherever you store your will, make sure your executor or a trusted person knows it exists and where to find it. Consider telling them the name of your solicitor if they hold a copy.

Will trusts — a brief overview

A will can create a trust — known as a testamentary trust — that takes effect on death. Trusts within wills can be used for a range of purposes, such as:

• Providing for children or grandchildren until they reach a certain age
• Protecting assets for a surviving spouse while preserving them for children from a previous relationship
• Providing for a dependant with specific needs

Testamentary trusts can be complex to set up and administer correctly. If you think a trust might be appropriate for your circumstances, this is an area where specialist legal advice is strongly recommended. A solicitor who specialises in estate planning can explain the options available.

Finding a will after a death

If you need to locate a will after someone has died, there are several steps you can take:

Common questions about will validity