How to Make a Will in the UK: Step-by-Step Guide 2026

Making a will might not top your weekend to-do list, but it's one of the smartest moves you can make to protect your loved ones and ensure your hard-earned assets go exactly where you want them. With potential legal updates on the horizon for 2026, now's the perfect time to get it sorted—whether you're starting from scratch or dusting off an old document.

Why Making a Will in the UK Matters in 2026

Without a will, your estate falls under the rules of intestacy, which might not match your wishes—like your spouse getting everything if you're married, or your kids splitting it if you're not.Only 37% of UK adults have a valid will, leaving millions at risk of family disputes or unwanted outcomes. A will lets you name executors, appoint guardians for children under 18, and specify funeral wishes, giving you control and peace of mind.

In 2026, keep an eye on Law Commission proposals that could modernise wills law: reforming marriage's effect on existing wills, updating tests for mental capacity, allowing courts more flexibility on formalities, and possibly introducing electronic wills. These changes aim to align ancient rules—like those from the Wills Act 1837—with modern life, but for now, traditional methods rule.

Legal Requirements for a Valid Will in England and Wales

To stand up in court, your will must tick strict boxes under the Wills Act 1837, as amended. Here's what you need:

• In writing: Typed or handwritten—no videos or audio recordings count.
• Signed by you: You (or someone at your direction if you can't physically sign) must sign it.
• Two independent witnesses: They must watch you sign (or acknowledge your signature), then sign it themselves—in your presence and at the same time. All three of you need to be in the same room.
• Age and capacity: You must be 18+ (armed forces exception) and of sound mind, understanding your assets, wishes, and claims on your estate (Banks v Goodfellow test, 1870).

Key tip: Witnesses can't be beneficiaries—or their spouses—as it could invalidate gifts to them. Witnesses must be over 18.

Will Electronic Wills Be Allowed in 2026?

As of early 2026, no—physical 'wet-ink' signatures are required under the Wills Act 1837. Reforms might greenlight secure e-signatures with biometrics or GOV.UK One Login integration, but don't bank on it yet. Stick to paper for certainty.

Step-by-Step Guide: How to Make a Will in the UK

Follow these practical steps for a legally binding will. For simple estates, DIY works; complex ones (blended families, businesses, IHT planning) need a solicitor.

Step 1: Decide If You Need a Solicitor or DIY

• DIY (£10-£30): Will packs from stationers for straightforward situations—no property abroad, no disputes likely.
• Solicitor (£150-£500+): Best for complexity. Find one via The Law Society's directory.

Pro tip: Free Wills Month events in March 2026 offer solicitor-drafted wills for donations—perfect for simpler cases.

Step 2: Inventory Your Assets and Liabilities

List everything:

• Property (home, buy-to-lets)
• Savings, ISAs, investments, pensions
• Personal items (jewellery, cars, art)
• Debts (mortgages, loans)

This helps calculate your estate's value and spot Inheritance Tax (IHT) thresholds—£325,000 nil-rate band per person in 2026, plus residence nil-rate band up to £175,000 for homes to direct descendants.

Step 3: Choose Your Executors

Executors (1-4) handle your estate—pay bills, apply for probate, distribute assets. Pick trusted adults like a spouse, adult child, or solicitor. Name substitutes too.

Step 4: Name Beneficiaries and Guardians

Specify who gets what: specific gifts (e.g., 'my gold watch to nephew Tom'), shares of residue, or charities. Include a residuary clause for leftovers. If you have kids under 18, appoint guardians.

Step 5: Add Optional Details

Include funeral wishes (burial/cremation, donations over flowers) and exclude anyone via a letter of wishes (not legally binding).

Step 6: Write, Sign, and Witness

Draft clearly: 'This is my last will, revoking all prior ones.' Sign with witnesses present—no stapling pages together first.

Step 7: Store and Share Safely

Keep originals with a solicitor, at the Probate Registry (£20 fee), or in a fireproof safe. Tell executors where it is. Copies go to family.

When to Update or Review Your Will

Review every 3-5 years or after big changes:

• Marriage (revokes old will automatically)
• Divorce/civil partnership dissolution
• Birth/adoption of children
• Asset windfalls/deaths of beneficiaries
• Health changes affecting capacity

Potential 2026 reforms might scrap marriage's revocation rule.

Common Mistakes to Avoid

• Skipping witnesses or using beneficiaries as them.
• Ambiguous language (e.g., 'to my children'—specify names?).
• Forgetting digital assets (crypto, online accounts).
• Not updating after life events.
• Unsafe storage—lost wills mean intestacy.

Costs of Making a Will in 2026

Method	Cost	Best For
DIY Will Pack	£10-£30	Simple estates
Solicitor (basic)	£150-£500	Complex needs, IHT
Online Services	£50-£200	Straightforward with templates
Probate Registry Storage	£20	Secure public option

Next Steps to Secure Your Legacy

Grab a notebook today: list assets, pick executors, and book a solicitor if needed. Check The Law Society for local experts, or join Free Wills Month in March. Your family will thank you—act now for 2026 peace of mind. If unsure, consult a professional to avoid costly probate headaches later.