Do I need a solicitor to make a will?

You do not have to use a solicitor to make a will. GOV.UK says you can write your will yourself, although you should get advice if your will is not straightforward. However, a will must be formally witnessed and signed to be legally valid. As a result, the way you sign matters more than who writes the words.

The short answer

No law requires you to hire a solicitor for a will. There are no restrictions in law on who can write one, so you can draft it yourself or use another adviser. However, the document must still be signed and witnessed correctly. The sections below explain the steps in order.

The rest of this page explains what a valid will needs and when advice makes sense. For the wider picture, see our guide to wills and probate.

What a will does

A will lets you decide what happens to your money, property and possessions after your death. If you die without one, the law decides who gets what. Therefore, a will is the way to keep that choice in your own hands.

What makes a will valid

GOV.UK says you must be 18 or over, make the will voluntarily and be of sound mind. Those conditions apply to the person making the will, so they come before any question of who drafts it.

You must also sign your will in the presence of two witnesses, who are both over 18. You and your witnesses must sign the same document, because separate copies will not do. If you cannot sign your will, you can ask someone to sign on your behalf.

Since the will needs two witnesses, read each step slowly before you sign. For example, arrange your two witnesses in advance so that nobody has to be found on the day of signing.

People who cannot benefit

You cannot leave your witnesses, or their married partners, anything in your will. Therefore, choose witnesses who are not receiving a gift, and check this before anyone signs.

Writing it yourself

GOV.UK says you can write your will yourself. It also says you should get advice if your will is not straightforward. Both points hold at once: the law allows a do-it-yourself will, but that does not make it the right choice for every situation.

Before you start, list what you own and who you want to benefit. Next, note anything unusual, such as a person or an asset that does not fit neatly into a simple gift. If the list is short and clear, a simple will may suit you. If it is long or complicated, advice is sensible.

Will writers and solicitors

No law restricts who can write a will. However, regulation differs between providers. GOV.UK says regulated will writers follow their regulator’s codes. It also says you should check regulation yourself, because a business may appear on a register only because it employs regulated staff.

The SRA says administering wills is a reserved legal activity. For other will-related advice, you may use alternatives such as will writers. As a result, drafting and administering are treated differently, so ask any provider exactly what they will do.

The Law Society also runs the Wills and Inheritance Quality Scheme (WIQS). It describes this as a best practice quality mark for wills and estate administration advice, and as a mark for drafting wills and dealing with an estate after someone dies. For what happens afterwards, see our guide on whether you need a solicitor for probate.

If there is no will

If there is no will, the law decides who inherits. In addition, an unmarried partner who was not a spouse or civil partner cannot apply to administer the estate. Because of this, couples who are not married or in a civil partnership have a particular reason to think about a will.

Wills in Scotland and Northern Ireland

Scotland and Northern Ireland have different rules for wills. Therefore, do not assume the points on this page apply there.

When a solicitor is sensible

Government guidance says to get advice if a will is not straightforward. However, you can also ask a regulated solicitor to check a simple will. Since both routes are open to you, the choice rests on how confident you feel about your own wishes.

Before you choose anyone, ask how they are regulated and what their price covers. The SRA register shows whether a solicitor or firm is regulated, so you can look the name up yourself. Also ask who will draft the will, and what happens if you want to change it later. For a sense of typical costs, read our guide to the cost of a will in the UK.

When you are ready to verify a name, use our check-a-solicitor page.