A guide to writing a will

UPDATED: 3rd July 2025

Writing a will is a key step to take in ensuring that your estate is passed on according to your wishes. Preparing a will should be done properly to avoid the need for correcting costly mistakes later.

A step-by-step guide to getting a will in place

1. Appoint the right executors

The executor is the person responsible for the administration of your estate. This should be someone you ultimately trust to carry out your wishes. They should, where possible, be over the age of 18 and be financially capable.

You could appoint:

• A trusted family member
• A trusted friend
• A solicitor or professional (especially for less straightforward estate requiring complex knowledge of legal frameworks)
• Multiple executors and split the responsibility between them

Top tip: In case your first choices are unable to act due to poor health or otherwise, it’s best to consider naming substitute executors

2. Identify your beneficiaries

Decide who you want to inherit your assets and what or how much you’d like them to receive.

Besides family members and friends, you could consider charities or causes that you are passionate about.

You may also choose to exclude someone from a will. In this case, your will must be clear and contain the appropriate legal justification.

3. Consider using a trust for your will

Using a trust may be in your interest, particularly if:

• A beneficiary is under-18 or not financially responsible
• A beneficiary is a vulnerable person or receives means-tested benefits that would be impacted
• You have a concern about the future, such as a divorce, or having creditors

What are the benefits of using a trust in your will?

This comes down to protection and flexibility. There are also tax benefits including shielding from avoidable inheritance tax. The flexibility comes into play particularly over how assets can be controlled.

What is a discretionary trust?

A discretionary trust creates further flexibility in your will by allowing nominated trustees to assess things at the time of your passing and take the decision over how assets should be distributed.

This can also further reduce inheritance tax exposure, because any assets held in a discretionary trust are not considered as belonging to any one individual.

4. Plan for inheritance tax (IHT)

A well-drafted will reduce the impact of IHT to a minimum. Some examples of how this work are:

• Transfers between a spouse or civil partner aren’t subject to IHT
• Proper use of the nil-rate band and residence nil-rate band can further reduce IHT
• Trusts can be used to protect assets against future IHT liabilities

Without a will, you are exposing your estate to maximum IHT.

5. Ensure the validity of your will

At the simplest level, the steps that must be taken for a will to be legally valid in the UK are:

• The will was made voluntarily by someone over 18 years of age and of sound mind
• The will was made in writing and signed by the testator
• The will was witnessed by two people, present at the same time, who are not beneficiaries of the will

This is where DIY wills often don’t hold water and lead to costly disputes due to invalidity.

Solicitor or will writer?

What is the difference between a solicitor and will writer?

A will writer can be both regulated or unregulated, and a solicitor is an example of a regulated will writer. This means that whilst all solicitors are will writers, not all will writers are solicitors, or indeed regulated.

Beyond the high level of service that comes with using a solicitor as your will writer, the regulated aspect of a solicitor’s role means you are able to make an official complaint should any issues arise. The body handling the complaint differs depending on where in the UK you live.

The UK government recommends checking on the Solicitors Regulation Authority (SRA) register to see if your service provider is indeed registered. Beware that some businesses may appear on a regulator’s website because they hire regulated employees, but the business itself may not be regulated.

Click here to see Napthens’ SRA profile.

What are the benefits of using a solicitor for writing your will?

For any situation in which inheritance tax planning, trusts, overseas assets, or anything beyond a very simple and straightforward will, The Law Society recommends using a solicitor.

You are of course free to write your own will; we’d still recommend getting a solicitor’s eyes on it and happy to work on this basis with you.

Top tips for making your will watertight

1. Start early – because once you turn 18 years of age, it’s never too early!
2. Review your will after each major life event (marriage, divorce, birth etc.)
3. Choose your executors and trustees with care
4. Use clear language with no ambiguity
5. Ensure the will is correctly signed and witnessed
6. Store your will safely and keep executors updated on its location

What happens when someone dies without a will?

In the UK, there are still many people who die without a will in place, meaning that their wishes give way to rules of intestacy. Indeed, according to research from the Money and Pensions Service, 56% of UK adults do not have a will in place.

Without a valid will in place, your estate is distributed under the rules of intestacy.

This would lead to risks, including:

• Unmarried partners and other financial dependents may receive nothing
• Your estate may pass into the hands of the closest kin in your family tree, not to those you want to pass your estate onto
• Your estate could face unnecessary inheritance tax, burdening those administrating the estate and reducing what they receive

We’ve written a full guide on what happens when someone dies without a will, what to do if this occurs, and how to avoid this issue from arising. Click here to explore more.

How Napthens can help

We can take away the stress and give you peace of mind that your estate is set up for the future, exactly as you would like it; contact us today.

Explore Napthens’ wills, trusts and probates service page for details on the depth and breadth of service on offer across estate planning.

For any contentious probate requirements, get in touch with our specialist contentious probate litigation solicitors.