How to Write a Last Will and Testament in England & Wales

A last will and testament decides who inherits your estate, who administers it, and who looks after your children if they are still minors. In England & Wales a will is governed by the Wills Act 1837, and getting the formalities right matters as much as the wishes themselves — a will that is not signed and witnessed correctly is simply void, and the intestacy rules take over instead.

This guide walks through the decisions a valid will has to make — how to sign it, who to appoint, what to give and to whom — and flags the traps, from an interested witness losing their gift to a later marriage revoking the whole document. Scotland and Northern Ireland have different rules and are not covered here.

Sign it the way the Wills Act requires

Section 9 of the Wills Act 1837 sets out the formalities, and there is no shortcut. The will must be in writing and signed by you (the testator), and your signature must be made or acknowledged in the presence of two witnesses who are present at the same time. Each witness must then sign in your presence.

The attestation clause records that this happened — that you signed in the joint presence of both witnesses, who then signed in your presence. Do not sign the document before your witnesses are watching: if the two-witnesses-present-together rule is broken, the will fails entirely, regardless of how clearly it sets out your wishes.

Never use a beneficiary as a witness

Under section 15 of the Wills Act 1837, if a witness — or the spouse or civil partner of a witness — is a beneficiary, the will stays valid but that person loses their gift. This is the single most common way a home-made will quietly defeats its own purpose.

Choose two independent adult witnesses who take nothing under the will and are not married to anyone who does. An executor who is not also a beneficiary can safely witness, but the cleanest approach is to use neutral witnesses with no connection to the gifts at all.

Appoint executors and, if needed, guardians

Executors are the people who carry out your will — gathering the estate, paying debts and tax, and distributing what is left. You can appoint one, but a second executor (either acting jointly or as a substitute if the first cannot act) is sensible in case your first choice dies before you or is unwilling to act.

If you have children under 18, you can appoint a guardian to care for them, and ideally a substitute guardian too. Without this appointment the decision can fall to the court, so naming someone you trust — and confirming they are willing — is one of the most important things a will does.

Make your gifts: legacies and the residue

A will typically makes specific gifts (legacies) — a fixed sum of money or a particular item to a named person or charity — and then disposes of the residuary estate, meaning everything left after debts, funeral costs, expenses, and tax. The residue is where most of the value usually goes, so be clear about who receives it and in what shares.

Plan for a beneficiary dying before you. A well-drafted will says what happens to a lapsed gift: their share might pass to their own children (their issue), or be divided among the surviving residuary beneficiaries. Where children inherit, you can also set a contingency age (18, 21, or 25) at which they take their share outright, with a trust holding it in the meantime. A common safeguard is a 28-day survivorship requirement, so a beneficiary must outlive you by 28 days to inherit.

Mind marriage, divorce, and family provision

Marriage or entering a civil partnership normally revokes an existing will automatically. The exception is a will made in contemplation of that specific marriage or partnership, which says it is not to be revoked by it — so if a wedding is coming, the will should be drafted to survive it.

Divorce works differently. Under section 18A of the Wills Act 1837, if your marriage or civil partnership ends, any gift to your former spouse and their appointment as executor take effect as though they had died on the date it ended, unless the will shows a contrary intention. Separately, the Inheritance (Provision for Family and Dependants) Act 1975 lets a spouse, civil partner, or dependant claim against your estate even if you left them nothing — so leaving out someone with a claim is a decision to make deliberately, not by accident.

Putting it together, step by step

Once you understand the pieces, drafting a valid will follows a clear order.

1.Set out who you are, revoke all earlier wills, and if a marriage is planned, state the will is made in contemplation of it.
2.Appoint one or two executors, and a guardian (plus a substitute) if you have children under 18.
3.List any specific gifts, then name who receives the residuary estate and in what shares.
4.Decide what happens if a beneficiary dies first, and set a contingency age for any children who inherit.
5.Line up two independent witnesses who take nothing under the will and are not married to a beneficiary.
6.Sign in front of both witnesses at the same time, have each of them sign in your presence, and date the attestation.

Key takeaways

✓ A will in England & Wales must meet the Wills Act 1837 section 9 rules: signed by you in front of two witnesses present together, who then sign in your presence.
✓ Never let a beneficiary (or their spouse/civil partner) witness the will — under section 15 they keep the will valid but lose their gift.
✓ Appoint a substitute executor, and a guardian for any children under 18, so your wishes hold if a first choice cannot act.
✓ Say what happens if a beneficiary dies before you, and set a contingency age for children who inherit.
✓ Marriage usually revokes a will unless it is made in contemplation of it; divorce cancels gifts to a former spouse under section 18A; and the Inheritance Act 1975 lets dependants claim regardless.

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