Solicitor requirement for a valid will

Hello! I am Gemma, a friendly legal assistant here at Lawyer Destroyer.

Because you mentioned the UK, I should quickly explain that the law around wills is slightly different in Scotland and Northern Ireland. I specialise in the law of England and Wales. If you need help with the law in another part of the UK, please let me know and I would suggest you select Atlas, our worldwide lawyer, to help you instead.

Assuming you are in England or Wales, here is where you stand.

The short answer:

No, you do not legally need a solicitor to make a valid will. You are perfectly entitled to write it yourself. However, for a will to be legally binding in England and Wales, it must meet some very strict rules to be valid.

The legal position:

Under the law, your will is only valid if it meets all of the following requirements.

1. It must be in writing.
2. It must be made by a person who is 18 or over.
3. You must have the mental capacity to understand what you are doing and what you are giving away.
4. You must sign the will voluntarily, without being pressured by anyone else.
5. You must make your signature in the physical presence of two independent witnesses, who are both present at the same time.
6. Those two witnesses must then add their signatures to the will in your presence.

A very important practical rule is that your witnesses, and the married or civil partners of your witnesses, cannot benefit from the will. If a beneficiary or their partner signs as a witness, the will itself remains valid, but their specific gift will be cancelled by law.

Practical options:

While you do not need a solicitor, deciding how to write your will comes down to how complicated your life and finances are.

Writing it yourself:

This is often called a DIY will. You can buy templates online or in stationery shops. This is usually the cheapest option and can be fine if your wishes are very simple, for example, if you are simply leaving everything to your spouse or civil partner, and then to your children. However, a small mistake in the wording or the signing process can make the whole will invalid or cause huge, expensive family arguments after you are gone.

Using a will writer or online service:

There are many affordable will-writing services available. They can be a good middle ground if your estate is mostly straightforward. Just keep in mind that unlike solicitors, will writers are not officially regulated by law. If you use one, it is sensible to check their reviews and ensure they are part of a recognised trade body.

Using a solicitor:

This is usually the most expensive route, but it gives you peace of mind, professional insurance, and strict consumer protection.

When it is sensible to use a solicitor:

1. You have a complicated family setup, such as children from previous relationships.
2. You own a business or agricultural property.
3. You share a property with someone you are not married to or in a civil partnership with.
4. You own property overseas.
5. You want to leave money or property to a dependent who cannot care for themselves, which might mean setting up a trust.
6. You are worried that someone might challenge your will after you pass away.
7. Your property and savings are likely to be over the threshold for inheritance tax.

Next steps:

1. Think honestly about your estate and whether your wishes are simple or complex.
2. If you feel your situation touches on any of the complex areas, reaching out to a few local solicitors for a fixed-fee quote is a very sensible first step. Comparing quotes covers your options without committing you to anything.
3. If you decide to write your own will, make sure you follow the witnessing rules incredibly carefully.
4. Always store your will safely and make sure your executors know exactly where to find the original document, as a photocopy is usually not enough for them to do their job when the time comes.