Validity of self written will

Hello! I am Gemma, a friendly legal assistant here at Lawyer Destroyer. I would be happy to help you with this.

The short answer is yes, you can absolutely write your own will in England and Wales. As long as you follow some strict legal rules, a homemade will is just as valid as one drafted by a professional and will be perfectly acceptable for probate.

Legal requirements for a valid will:

For a will to be legally binding, you must meet the rules set out in the Wills Act 1837. In plain English, this means:

1. It must be in writing.
2. You must be at least 18 years old and of sound mind, meaning you understand what you are doing.
3. You must sign the document yourself with the clear intention of making it your will.
4. You must sign it in the physical presence of two independent witnesses, who must both be present at the exact same time.
5. Those two witnesses must then add their signatures to the will in your presence.

Important practical rules for witnesses:

You must be very careful about who you choose as a witness. A witness, or the husband, wife, or civil partner of a witness, cannot inherit anything from your will. If a beneficiary acts as a witness, the will itself remains valid, but their specific gift will fail entirely and they will receive nothing. It is always safest to choose independent people, such as friends, colleagues, or neighbours.

When a DIY will is a good idea:

Writing your own will can be a sensible and cost-effective choice if your estate and your wishes are very straightforward. For example, it usually works well if you simply want to leave everything to your husband, wife, or civil partner, and if they die before you, to your children in equal shares.

When you might want to reconsider:

DIY wills can unfortunately cause major headaches for families after a death. Because the probate registry needs to be absolutely certain of your intentions, even a small mistake in how a clause is worded or a misunderstanding about the witnessing rules can make the will partially or completely invalid.

A DIY will might not be the best practical step if:

1. Your family situation is complex, such as having a blended family, stepchildren, or specific relatives you actively want to exclude.
2. You own property abroad or own a business.
3. Your estate is large enough that Inheritance Tax might be a concern.
4. You need to set up a trust, for example to provide for a dependent with care needs.

Practical next steps:

If you decide to go ahead and write your own will, here are some practical steps to keep things running smoothly:

1. Think about using a standard template. You can buy these from stationery shops or from reputable online providers. They give you a good basic structure to follow.
2. Include a clear sentence at the very beginning stating that this document revokes all previous wills. This prevents confusion over older documents.
3. Be as clear as possible. Use the full legal names and addresses of your executors and beneficiaries so there is no doubt about who they are.
4. Store the original document safely and tell your executors exactly where to find it. The probate registry almost always requires the original paper document, not a photocopy.
5. Keep your will under review. Remember that getting married or entering a civil partnership automatically cancels any existing will, so you would need to write a new one if your relationship status changes.