Wills & Probate Guide
Guide to Making a Will
Why you need a will, what happens without one, how to choose executors and guardians, and how to keep your will up to date.
Why does making a will matter?
More than half of adults in England and Wales do not have a will. Many assume their estate will automatically pass to their partner or family — but without a will, the law decides who inherits, who looks after your children, and who deals with your affairs. The outcome is often not what people would have chosen.
A will is not just for the elderly or the wealthy. If you own property, have children, have a partner you are not married to, or simply want to choose who benefits from your estate, you need a will.
What happens if you die without a will?
Dying without a will is called dying intestate. Your estate is distributed according to the Rules of Intestacy — a fixed legal formula that has no regard for your personal wishes or circumstances.
Key consequences of dying without a will:
- Your unmarried partner receives nothing, regardless of how long you have been together
- Stepchildren are not automatically included
- You cannot choose who looks after your children
- You cannot leave gifts to friends, charities, or godchildren
- Your estate may be subject to more inheritance tax than necessary
What should a will include?
Executors
The person or people responsible for administering your estate. You can appoint up to four. Choose someone organised and trustworthy — a family member, close friend, or professional executor.
Beneficiaries
Who inherits your estate and in what proportions. You can leave specific gifts (a piece of jewellery, a sum of money) as well as the residue of your estate.
Guardians (if you have children under 18)
Who will care for your children if both parents die. Without this, the courts decide — and their decision may not match your wishes.
Trusts (if appropriate)
Trusts can protect assets for young beneficiaries, reduce inheritance tax, or provide for a vulnerable family member. A solicitor can advise on whether a trust is appropriate for your circumstances.
Funeral wishes
A will can record your preferences for burial or cremation, though it is not legally binding. It is still useful guidance for your family.
How do you make a valid will?
For a will to be legally valid in England and Wales, it must:
- Be in writing (typed or handwritten)
- Be signed by you (the testator)
- Be signed in the presence of two independent witnesses, both present at the same time
- Be signed by both witnesses in your presence
- Be made by someone aged 18 or over with testamentary capacity
Witnesses and their spouses or civil partners cannot benefit from the will. A solicitor ensures your will is properly drafted and executed, reducing the risk of it being challenged or declared invalid.
When should you update your will?
Review your will after any of the following:
- Marriage — this automatically revokes a previous will in England and Wales
- Divorce — gifts to an ex-spouse are treated as if they had died
- Birth of a child or grandchild
- Death of a beneficiary or executor
- Significant change in your assets or financial circumstances
- Moving abroad or acquiring property overseas
Frequently Asked Questions About Making a Will
Do I really need a will?
Yes — if you want to control who inherits your estate, who looks after your children, and who deals with your affairs when you die. Without a will, the Rules of Intestacy decide all of this for you, and the outcome may not reflect your wishes. Unmarried partners, stepchildren, and close friends receive nothing under the intestacy rules.
What happens if I die without a will?
You die intestate. Your estate is distributed according to the Rules of Intestacy — a fixed legal formula that prioritises spouses, civil partners and blood relatives. Unmarried partners receive nothing, regardless of how long you have been together. If you have no living relatives, your estate passes to the Crown.
Who should I appoint as executor?
An executor is the person responsible for administering your estate. You can appoint up to four executors. Choose someone you trust who is organised and capable of dealing with financial and legal matters. Many people appoint a family member or close friend alongside a professional executor such as a solicitor.
Can I appoint a guardian for my children in my will?
Yes. If you have children under 18, you can appoint a guardian in your will to care for them if both parents die. Without this, the courts decide who looks after your children. This is one of the most important reasons for parents to make a will.
How do I make sure my will is valid?
A will must be in writing, signed by you in the presence of two independent witnesses (who must both be present at the same time), and signed by both witnesses in your presence. Witnesses and their spouses or civil partners cannot benefit from the will. A solicitor can ensure your will is properly executed.
Can I write my own will?
Technically yes, but homemade wills are a common source of disputes and invalid wills. Errors in wording, execution or witnessing can make a will invalid or lead to unintended consequences. The cost of professional advice is small compared to the potential cost of a disputed or invalid will.
When should I update my will?
Review your will after any major life event: marriage (which revokes a previous will in England and Wales), divorce, birth of a child or grandchild, significant change in assets, or the death of a beneficiary or executor. We recommend reviewing your will every 3–5 years as a minimum.
What is a mirror will?
Mirror wills are identical wills made by two people (usually a couple) that leave everything to each other and then to the same beneficiaries. They are a cost-effective option for couples with straightforward estates and shared wishes.
What is inheritance tax and how does a will help?
Inheritance tax (IHT) is charged at 40% on the value of an estate above the nil-rate band (currently £325,000). A well-drafted will can help minimise IHT through the use of trusts, the residence nil-rate band, and spousal exemptions. We can advise on tax-efficient will drafting.
Ready to Make Your Will?
Our wills solicitors in Chester can draft a will that reflects your wishes and protects your family. Call us for a confidential initial discussion.