Free or cheap wills

Cheap and free wills
Low-cost ways to write your will

If you pass away without a will, you may leave your family facing serious financial challenges. Alarmingly, over half of adults either don’t have a will or possess one that’s no longer valid. The good news is that affordable options for creating a will are available. Explore our comprehensive guide to discover the various choices, including a charity-run annual scheme offered in November.

Important Notice: The will-writing services featured in this guide are primarily suited for individuals with simple estates. If your situation is more complex – for instance, if you have a blended family or own property overseas – it’s essential to consult with a solicitor in person (or through video) to receive expert advice on how to properly draft your will.

Do you need a will?

Creating a will is something many people delay, but it’s an essential task to complete. According to our recent survey on wills, 55% of respondents either don’t have one or have an outdated version.

This statistic is concerning, especially when you consider that over £5 trillion is projected to be transferred between generations in the next 30 years. Having a valid will in place is crucial for safeguarding your family and loved ones, potentially reducing inheritance tax and helping prevent disputes over how your assets are distributed.

A will is a legally binding document that outlines how your estate—comprising your money, possessions, and property—should be handled after your death.

Crucially, no will = no say over what happens to your money and property when you die.

In addition to designating your ‘beneficiaries’—the individuals who will receive assets from your will—a will also appoints ‘executors’. These are the people responsible for managing your estate’s financial matters after your passing and ensuring your wishes are carried out.

It’s crucial to note that if you pass away without leaving a will, your estate will be distributed according to a legal framework known as the ‘law of intestacy’. This process may not align with your personal preferences or desires for your estate.

Reasons for writing a will

There are many reasons for writing a will, including:

• You have dependent children. To ensure your children are cared for financially and emotionally after your passing, it’s important to designate a legal guardian or guardians in your will if they are under 18. If you pass away without a will, and there is no one else with parental responsibility, the courts will make the decision about who will look after your children. This may not align with your preferences, which is why it’s crucial to outline your wishes in a legally binding will.
• You aren’t married to your partner. If you’re not married or in a civil partnership, it’s crucial to make a will if you want your partner to inherit anything from your estate. Without one, your partner may not be entitled to stay in the home you shared. In situations where your partner relies on you financially, they could be forced to navigate the legal system to secure financial support from your estate if no will is in place at the time of your passing. For more information, see cohabiting and wills.
• You’re worried about inheritance tax. If the value of your estate exceeds £325,000, you may face an inheritance tax (IHT) charge upon your passing. One way to potentially reduce or avoid IHT is by creating a will. For instance, you could allocate assets exceeding the £325,000 limit to your spouse, as there is no IHT on property or funds passed to a husband or wife.
• Your personal circumstances change. It’s important to update or create your will when significant life changes occur, such as marriage, divorce, or having children. This ensures that your estate is distributed according to your wishes, with the right people benefiting. In England, Wales, and Northern Ireland, an existing will is automatically revoked upon marriage. However, this does not apply in Scotland, where a will remains valid unless specifically changed.
• You have specific funeral wishes. If you know what you want your funeral to be like, you can leave instructions so that your family doesn’t have to make the decisions.
• You own property with someone else or overseas. When you hold your property as ‘joint tenants,’ your share automatically transfers to the surviving owner upon your death, according to ‘survivorship’ rules. However, if your property is owned as ‘tenants in common,’ the rules of intestacy will take effect unless you’ve made a will. If you own property abroad, be aware that inheritance laws in that country may differ from those in the UK. It’s important to consider these differences when drafting your will and consult a solicitor if you’re unsure.
• Somebody named in your will as a beneficiary has died. If you have an existing will and one of your primary beneficiaries has passed away, it’s important to review and update your will (unless it already includes instructions for such a situation). By making updates, you can specify who should inherit in their place. Without this update, the inheritance may go to someone you don’t intend to benefit from your estate.

Be careful: Not all wills are regulated

It’s important to begin with a critical caution: will-writing is not a regulated industry, unlike many other financial services.

This lack of regulation means that there are various ways to create a will, and the level of protection you have if something goes wrong can differ significantly depending on who drafts it.

For instance, while will-writing services are not regulated, solicitors are licensed professionals, and using one to write your will offers you certain legal protections. On the other hand, if you opt for a non-solicitor will-writing service, you may not have the same legal safeguards, and if you go the DIY route, you’re essentially responsible for everything yourself.

With countless firms and services available to assist with will-writing, the options can be overwhelming. However, it’s crucial to emphasize:

When preparing your will, it’s essential to approach the process with great consideration. Protections can differ significantly, and potential issues might not emerge until long after your passing, possibly years down the line.

In this guide we go through the different options available to you: solicitor wills, will-writing services and the DIY route…

– Solicitors are regulated so you will have more protection if they write your will

While you don’t necessarily need a solicitor to write your will, it’s crucial to ensure the document is correctly drafted, as errors could render it invalid. Wills are legal documents, and mistakes can lead to complications, so it’s important to feel confident that your will is in good hands.

Solicitors are trained professionals who can draft a legally sound will tailored to your wishes. While there’s no absolute guarantee of perfection, choosing a solicitor offers extra protection should anything go wrong—often issues arise long after you’re gone, and they may only become apparent decades later.

One of the key advantages of using a solicitor is that they are regulated by official bodies. In England and Wales, the Solicitors Regulation Authority (SRA) oversees solicitors, while Scotland and Northern Ireland have their own regulatory bodies. This regulation means that if any problems arise that can’t be resolved within the solicitor’s firm, you can seek free redress through the Legal Ombudsman (in England and Wales), the Scottish Legal Complaints Commission, or the Law Society of Northern Ireland.

Additionally, solicitors must carry indemnity insurance to cover errors, including extra “run-off” insurance if their firm closes. After this run-off period, the SRA’s Solicitors’ Indemnity Fund offers further protection, ensuring the potential for compensation.

For peace of mind, especially if your estate is complex, a solicitor-drafted will offers the most security. Solicitors often store your will as part of their service, usually without any additional fees.

Solicitors are typically the most costly choice when it comes to creating a will. For a straightforward will, the fee may be around £200. However, if your will involves more complex situations, such as being divorced with children from a previous relationship, the cost could rise to several hundred pounds. Specialist wills that require trust arrangements, address overseas property, or involve tax planning could start at £500 and increase depending on the complexity.

Here are some ways you can obtain a will from a solicitor at no cost or in exchange for a charitable donation.

How can I check a solicitor is regulated?

In England and Wales, regulated solicitors and firms appear on the Solicitors Regulation Authority register. Look out for a green tick and the wording ‘SRA regulated’.

In Scotland, regulated solicitors and firms appear on the database of the Law Society of Scotland.

In Northern Ireland, regulated solicitors and firms appear on the database of the Law Society of Northern Ireland.

Consider using a solicitor if…

• Your estate could have to pay inheritance tax (currently, you may have to pay this if your estate is worth more than £325,000).
• You’ve got a complex family situation, such as children with a former partner or estranged children, and you want to be sure that your estate is divided as you wish.
• You want to protect someone’s interests after you’ve gone, such as a disabled family member.
• You have assets overseas, such as a holiday home.
• You run a business.

– ‘Will-writing services’ are generally not regulated

Will-writing services offer an affordable option compared to hiring a solicitor, with prices starting from as low as £100.

These services are often ideal for individuals with simple situations, such as leaving everything to immediate family members, and who don’t have overseas assets or a business. However, if your circumstances are more complicated, it’s advisable to consult a solicitor, as will-writing services typically lack the expertise to provide the in-depth advice that a solicitor can offer.

Many will-writing services are primarily online, using digital tools to create your will. Some services may even offer home visits, providing added convenience, especially for the elderly or those with mobility issues. If opting for this service, ensure that your wishes are being accurately recorded and that the service is not attempting to appoint themselves as executors without your consent.

While some will-writing companies employ staff to review the wills they prepare, it’s important to note that the staff may not have formal legal qualifications. As such, the level of protection and recourse may be less than what you’d receive from a regulated solicitor. Additionally, storing your will may incur an additional fee.

If you’re considering using a will-writing service, it’s worth checking whether it’s a member of a recognised professional or trade body, such as the Society of Trust and Estate Practitioners, the Institute of Professional Willwriters (IPW) / or the Society of Will Writers (SWW).

These organizations have established codes of practice or conduct that members commit to following, and they serve as a point of contact for complaints regarding member firms.

Both IPW and SWW members carry professional indemnity insurance – with a minimum of £2 million coverage for IPW firms – offering compensation in case of errors or issues.

It’s important to note that while these associations are voluntary and not official regulators, seeking enforcement of rules or obtaining compensation may be more challenging compared to working with a solicitor regulated by the Solicitors Regulation Authority (SRA), where you also have access to the Legal Ombudsman for dispute resolution.

It’s important to note that certain will-writing services can be regulated by the Solicitors Regulation Authority (SRA), with Co-op Legal Services being a notable example. Additionally, some will-writing services, although not directly regulated by the SRA, may have in-house solicitors review the wills. This means you could still benefit from SRA protection if a solicitor, rather than a paralegal or will-writer, examines your will. Therefore, when using a will-writing service, it’s a good idea to inquire whether a solicitor will be involved in the review process.

– With a DIY will you’re basically on your own

If your situation is relatively straightforward, creating your own will using a template from a stationery store or an online provider can be an affordable option.

However, before opting for this DIY approach, it’s important to understand that you’ll be handling the process entirely on your own. The company that offers the template won’t assume responsibility for ensuring your will is legally sound, and there won’t be anyone available to answer your questions or offer guidance. This is where solicitors and, to a lesser extent, will-writing services can be invaluable.

Additionally, if you make any errors, you won’t have the same legal protection that would come with having a solicitor prepare your will. Solicitors often have professional indemnity insurance, and you would also have access to the Legal Ombudsman. Will writers who belong to a reputable trade body are also covered by industry codes of practice and insurance, providing an added layer of security.

Although this DIY route may be cost-effective, you should carefully weigh the risks of not having a professional solicitor or will writer handle the drafting for you.

When it comes to storage, you might consider keeping your DIY will at home. However, this option carries the risk of the will being accidentally discarded or damaged. For safer alternatives, consider exploring other secure locations to store your will.

WARNING! Don’t Assume Your Solicitor or Will-Writing Service Should Be Your Executor. When creating your will, whether through a solicitor or a will-writing service, don’t automatically assume you need to appoint them as the executor—the person responsible for managing your estate after your passing. While some people do choose banks or solicitors, these professionals often charge high fees, sometimes amounting to thousands of pounds, which are typically deducted from your estate.

Be cautious, as these services may try to convince you to appoint them as executors by overstating the complexities of executorship, or in some cases, they may even add themselves without your consent. It’s essential to only agree to this arrangement if you are comfortable with it. Consider selecting trusted friends or family members as your executors—especially those who are beneficiaries of your will, as they have a personal interest in its execution.

As you finalize your will, take time to review the beginning of the draft to ensure that the names of your chosen executors are correct.

Remember, if you later decide to change your executor, you’ll need to update your will. This could incur additional costs, such as administrative or cancellation fees, particularly if you initially appointed a solicitor or will-writing service. Changing an executor after death can be even more complicated and typically requires a court application.

For further details about the process of settling an estate and executing a will, refer to our comprehensive Guide to ‘Probate’.

Option 1: Free & low-cost wills from solicitors

Hiring a solicitor offers added protection, ensuring that if any issues arise—sometimes only becoming evident years later, or even after your passing—you are safeguarded. If you’re looking to secure peace of mind, this is generally the most reliable route.

While solicitor fees can be high, there are several ways to reduce costs. Options include charity-run programs (explored in the section below), specific charity schemes, trade union services, online solutions, and local solicitor services.

Free or cheap charity-based schemes

Many charitable organizations provide the option to have your will written by a solicitor at no cost. In exchange, they hope you will consider making a donation or including a ‘bequest’ in your will, which means leaving them something upon your passing. However, you are not required to do so.

It’s important to keep in mind that the charity is covering the cost of your will, often spending £100s. Therefore, it’s worth giving serious thought to leaving a bequest as a way to give back.

Throughout the year, several charity events offer the opportunity to have a solicitor draft your will for free or at a reduced cost.

November is ‘Will Aid’ – SIGN UP HERE

Will Aid is an annual UK-wide campaign that takes place each November, involving seven prominent charities. However, you don’t have to wait until next year to participate – you can book your appointment now.

During this campaign, numerous solicitors volunteer to write basic wills for adults, offering their services for free. Instead of paying their usual fees, you’re encouraged to make a donation to Will Aid. The suggested donation amounts are £100 for a single will or £180 for two ‘mirror wills’ (wills for couples), which will be distributed among the participating charities. If you’re unable to contribute the full amount, a smaller donation is still welcome.

The charities benefiting from this campaign include Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, SCIAF, and Trócaire.

Bookings for Will Aid 2024 are already open but will close soon, on Friday, 29 November, so make sure to secure your spot. The appointment can take place anytime in November, December, or even later. If you can’t find a local solicitor offering in-person appointments, many also provide remote consultations.

Update (25 November): Availability is limited in England and Wales, but there is still more space in Scotland and Northern Ireland.

Quick stats

• Who’s it for? Anyone aged 18+.
• When is it? November (but bookings are open NOW).
• Where is it available? Across the UK (in person and remotely).
• Who writes the will? A solicitor.
• Donation asked for? £100 single, £180 joint is suggested, but it is down to you.

How the scheme works

Three steps to getting your cheap will

1. Enter your postcode on the Will Aid website or phone 0300 0300 013 to find a solicitor who has availability.

2. Contact the solicitor to arrange an appointment, mentioning the Will Aid scheme.

3. You can donate via the Will Aid website before you go, and take a printout of the receipt with you.

The solicitor you use may offer to store your will for no extra charge. Every will drafted through Will Aid can also be registered for free via Certainty – the National Will Register to make it easy for your family to find your will (see the Will Aid FAQ page for more info on how to do this).

What if I’ve got a complex will?

If your situation involves complexities, such as having children from a previous relationship or owning property abroad, your solicitor may request an additional fee to account for the extra time required to prepare your will.

This extra charge could also apply if you need to establish a trust to provide care for a loved one, such as someone with a learning disability.

However, even if you do incur extra costs for these services, you can still arrange to have the remainder of your will drafted in exchange for a charitable donation or at no charge.

October and March are Free Wills Month

Free Wills Month

Free Wills Month is a twice-yearly event, taking place in March and October, offering individuals aged 55 and older the opportunity to create or update their will, free of charge, through a solicitor. While there is no obligation, participants are encouraged to consider leaving a donation to charity.

This initiative involves hundreds of solicitor firms across the UK, as well as various charities, although the participating areas may differ by month.

To take part, simply schedule an appointment during one of these months (though the consultation can occur at a later time). To get started, visit the Free Wills Month website and enter your postcode to locate a participating solicitor near you. Once you’ve found one with availability, contact the solicitor directly to set up your appointment, ensuring to mention the Free Wills Month program. Many solicitors offer flexible appointment options, including phone, video, and in-person meetings.

If you’re planning ahead, you can sign up now to receive a reminder when the March 2025 Free Wills Month opens.

Quick stats

• Who’s it for? People aged 55 and over. For couples wanting ‘mirror wills’, only one of you needs to be over 54.
  
• When is it? Every October and March.
• Where is it available? See Free Wills Month website when scheme opens.
• Who writes the will? A solicitor.
• Donation asked for? You’ll be asked to leave money to a charity in your will (‘a bequest’). Typically people leave between £300 and £500 – but the decision is yours.

How does the scheme work?

Free Wills Month offers individuals the opportunity to create basic wills or “mirror wills” for couples (as long as one partner is over 54).

If your estate is more complicated, such as having children from a previous relationship or owning property abroad, your solicitor may request a contribution to cover the additional time needed to prepare your will.

Some solicitors may also provide free will storage, and you’ll have the option to register your will through Certainty – the National Will Register – at no cost. The solicitor will provide information about this service.

Due to high demand, Free Wills Month appointments are limited, so it’s important to book early to secure your spot.

How can I help the charities that back the scheme?

The charities participating cover the cost of the solicitors’ fees, so expect your solicitor to suggest leaving a portion of your estate to a charity in your will. While the aim is to encourage this, it is entirely up to you, and you are not required to make such a commitment.

Individual charity schemes

Many charities offering free will-drafting services do so with the expectation of receiving a bequest (a donation included in your will). The benefit of this approach is that you don’t have to make a payment upfront; instead, it will be deducted from your estate and is eligible for inheritance tax relief.

Top free and low-cost wills from solicitors

	Cancer Research UK	The Stroke Association
Who can get it?	Over-18s	60+ (or stroke survivors 18+)
Who writes it?	Solicitor or will-writing provider	Solicitor
Cost	Free or donation in will	Free or donation in will
How to apply	Cancer Research UK website or call 0300 123 7733	The Stroke Association website or call 0300 3300 740
How does the scheme work?	Full info	Full info

All these schemes are nationwide and open all year round.

Other charities

If you’re considering leaving a donation to a specific charity, it’s worth checking if they have their own will-writing program. Over 150 charities are part of the National Free Wills Network, which provides free basic wills, typically for charity supporters and individuals over the age of 55.

To qualify for a free will, the charity may verify that you have previously donated or are a current member. Since each charity’s offering can vary, make sure to review the details carefully.

Among the charities signed up and offering free simple wills prepared by a solicitor are: Alzheimer’s Research UK, Amnesty International, British Academy, Children with Cancer, Dignity in Dying, Guide Dogs, Liberty, Macmillan Cancer Support, Oxfam, RNLI Shelter, the Soil Association and Unicef.

For a full list of the 150+ charities taking part, see the National Free Wills Network.

Trade union member? You could get a free will

A number of trade unions, including the Public and Commercial Services’ Union, the NASUWT teachers’ union, the Fire Brigades’ Union, Union and Unison offer free wills to their members (and ‘mirror wills’ for partners) via BBH Legal Services, part of Thompsons Solicitors, which is regulated by the Solicitors’ Regulation Authority. So if you’re a union member, they’re worth checking.

Certain employers might provide a will-writing service as part of their legal support for employees. However, it’s important to understand how the service operates. If it’s merely a template-based service, you could find it more beneficial to opt for a solicitor-assisted service instead.

Free online solicitor-checked wills

There is a completely free, online service where your will is reviewed by a qualified solicitor—it’s called Free Wills. This service remains free even if you need to make updates to your will in the future.

By choosing Free Wills, you benefit from two levels of protection:

• A regulated solicitor will review your will, and if any issues arise, you can file a complaint with the Solicitors Regulation Authority.
• Free Wills is also a member of the Society of Will Writers, which means you can address any concerns about the service with them.

If you wish to leave a legacy to a charity, Free Wills makes this easy to arrange. So far, the service has facilitated raising over £100 million for charities through bequests in wills.

When using Free Wills, it’s worth noting that they may suggest appointing Kings Court Trust as the executor of your estate. This means they would handle the probate process after your death, managing your estate. However, this is not a requirement. Kings Court Trust typically charges significant fees, often running into the thousands. Unless your will is particularly complex, it’s usually a better option to choose a trusted family member or friend as the executor.

For tips on minimizing probate costs, check out our detailed Probate guide.

Local solicitors – find a law firm near you

If none of the free or low-cost options detailed above suits, you can also find a local solicitor on the Law Society’s database or that of the Society of Trust and Estate Practitioners. Or if you need one that provides specialist legal advice for older and vulnerable people, their families and carers, try The Association of Lifetime Lawyers.

Phoning round for quotes could be worthwhile, with potential savings of £100+ between firms.

Option 2: Low-cost will-writing services

Will-writing services often provide a more affordable alternative to traditional solicitor fees, with prices starting from as low as £100. These services can be accessed online, utilizing digital tools to create your will, through postal services, or by arranging a home visit for in-person assistance. This can be a more convenient option compared to visiting a solicitor’s office.

Affordable will-writing services typically fall into one of the following three categories:

Services Governed by the Solicitors’ Regulation Authority (SRA)
These services are overseen by the Solicitors’ Regulation Authority (SRA), providing you with the same level of protection as you would receive from consulting a solicitor directly.

Services Where Solicitor Review is Uncertain
In some cases, it’s unclear whether your will will be reviewed by a solicitor. This uncertainty means there is no guarantee that professional legal oversight will be provided.

Services Bundled with Insurance Packages
Certain services are included as part of insurance plans, offering added convenience, though the level of legal expertise may vary.

If you’re considering a will-writing service that’s not SRA-regulated, and that isn’t featured in this guide, check whether it’s a member of a trade body such as the Society of Trust and Estate Practitioners, the Institute of Professional Willwriters or the Society of Will Writers.

Be cautious, as will-writing services often impose an annual fee or subscription for the ability to update your will in the future. However, you should not be automatically enrolled in this service.

Will-writing services that offer the same protection as a solicitor would

Some affordable will-writing services, like Co-op Legal Services, are regulated by the Solicitors Regulation Authority (SRA).

While Make A Will Online itself isn’t directly regulated by the SRA, every will it provides undergoes review by an SRA-regulated solicitor. This ensures a level of protection comparable to services regulated by the SRA (see further details in the table below).

Top low-cost will-writing services, regulated by the SRA

	Co-op Legal Services	Make A Will Online
Who can get it?	Everyone	Everyone
Available where?	England & Wales	England & Wales
Who writes/checks it?	Fill in online template which is checked by will writer or solicitor	Fill in online template which is checked by will writer or solicitor
Cost	£99 single / £185 joint via our links	£60 single / £90 joint
How to apply	Co-op Legal Services website	Make A Will Online website
How does the scheme work?	Full info	Full info

 

Will-writing services that MIGHT offer the same protection as a solicitor would

As noted earlier, many budget-friendly will-writing services are not regulated by the Solicitors Regulation Authority (SRA).

That said, some of these providers have expert panels that review wills, which may include solicitors. If an issue arises with your will, while you wouldn’t be able to file a complaint against the company with the SRA, any solicitor involved in the review would be subject to SRA regulation. This offers an additional layer of protection for you.

Since many review panels consist of a mix of professionals, including solicitors, will-writing experts, and paralegals, the level of oversight you receive can vary significantly. If possible, ask the company whether a solicitor will specifically review your will. Keep in mind, though, that they may not guarantee this, as it often depends on solicitor availability.

If your will won’t be reviewed by a solicitor, check whether the will-writing service is affiliated with a recognized organization, such as the Society of Will Writers or the Institute of Professional Willwriters.

Top low-cost will-writing services, which may be SRA-regulated (1)

	Which?	Farewill
Who can get it?	No restriction	Over-18s (simple wills only)
Available where?	UK-wide	England & Wales
Who writes/checks it?	Fill in online template which is checked by will writer or solicitor	Fill in online template which is checked by will writer or solicitor
Cost	Review: £75 single / £117 joint	£70 single / £112 joint (2)
How to apply	Which? website	Farewill website
How does the scheme work?	Full info	Full info

(1) Neither Which? nor Farewill are members of will-writing bodies. (2) Farewill doesn’t allow you to update your will unless you pay a £10/year fee.

Wills included in home insurance legal cover

If you’ve added legal cover to your home insurance policy, it’s worth checking if it includes a will-writing service. For instance, the legal service add-on offered by More Than’s home insurance provides access to will templates and other legal documents.

You simply fill in your details, and a legal team reviews the will before sending it back for you to sign. While it’s designed for straightforward wills, it’s worth exploring whether your insurer provides this option. For further details, check out our guide to cheap home insurance.

Option 3: DIY wills

For those with straightforward situations, drafting your own will using a template from a stationery store or online can be an affordable choice.

WARNING! Only write your own will if your wishes are very simple

For instance, if you’re married and wish to leave all your assets to your spouse, and – in the event they pass away before you – to your children, this is straightforward. However, if your situation is more complex, such as having stepchildren or being unmarried with a partner, it’s highly advisable to consult a solicitor or use a professional will-writing service.

In cases where circumstances are intricate but you still choose to draft a DIY will, the likelihood of miscommunication increases significantly. This can result in your intentions being unclear, potentially leading to disputes over the will.

A popular DIY choice is Lawpack, offering a will template for £24.99. Another option is the legal platform Compact Law, which provides free downloadable templates.

However, keep in mind that both Lawpack and Compact Law operate on a self-service basis. They do not accept liability if issues arise with your will, and neither is affiliated with any official will-writing organizations.

What do I need to know to do a DIY will?

Creating a valid will involves meeting specific legal requirements, and if you choose to write it yourself, the responsibility for these details falls entirely on you.

To start, you must be at least 18 years old and have the mental capacity to create a will. The document should include a clear date, be properly witnessed, and explicitly state that it overrides any previous versions (which should be destroyed if they exist). Witnesses must also be 18 or older and cannot be beneficiaries in the will or married to or in a civil partnership with anyone named in it.

Mistakes are a common pitfall in DIY wills. These can include errors like misspelled names of individuals or charities or unclear descriptions of assets. To avoid issues, ensure your will is as detailed and accurate as possible.

Where should you store your will?

Ensuring your will is securely stored and letting your executors know its location is essential for a smooth process after your passing.

If a solicitor assists in drafting your will, they typically offer to store it for you—often at no additional cost—while providing you with a copy.

When using a will-writing service, they may also store your will. However, this might involve an extra fee, and the level of protection could be lower than with a solicitor. For instance, if the will-writing company shuts down, they should inform you of the will’s new location or allow you to retrieve it, but there’s no legal guarantee like there is with a solicitor. To safeguard yourself, always retain a personal copy.

Alternatively, you can store your original will at home. While convenient, this approach carries the risk of it being misplaced, damaged, or even discarded accidentally. If you choose this option, be sure to inform your executors of its exact location to avoid complications later.

Another option is to store it with HM Courts & Tribunals Service in England and Wales. There’s a £22 fee to do this, but withdrawing it is free. In Northern Ireland, you can deposit a will with the Probate Office for a £39 fee. You can find out more about the various options for storing your will in Scotland on the Citizens Advice Scotland website.

It’s essential to understand how accessible your will is from storage, whether there are any associated costs (such as fees for updating the document), and what would happen to your will if the storage facility were to shut down.

What happens to my will if the firm of solicitors looking after it closes down?

Strict guidelines guarantee that wills held by regulated solicitors are safeguarded, even if the firm managing your will ceases operations. This ensures your will won’t be lost.

If a solicitor goes out of business, your will is either transferred to another regulated solicitor or kept securely—either by the original solicitor or under the care of the Solicitors Regulation Authority (SRA).

However, it’s important to note that will-writing services don’t have a similar, industry-wide safety net. Always inquire about the process for safeguarding your will should their business close down.

FAQs: Wills and inheritance

Q – What are ‘intestacy’ rules?

A – Each year, a significant number of individuals pass away without having made a will. This situation is referred to as dying “intestate.”

When this happens, the distribution of your estate will be governed by rigid intestacy laws. This can create complications for the loved ones you leave behind and may even result in unfavorable outcomes for those you intended to protect.

Importantly, if you have a partner but are not married or in a civil partnership, dying intestate means they will have no legal right to inherit any of your assets. This holds true even if you’ve been together for years or have children.

The rules of intestacy rules on factors like your marital status, whether you have children, and your location within the UK. For more details, choose the scenario that best fits your circumstances:

1) I’m married or in a civil partnership and don’t have a will
2) I’m cohabiting and don’t have a will
3) I’m single and don’t have a will

Q – I’m MARRIED or in a CIVIL PARTNERSHIP but don’t have a will – what happens when I die?

A – Being married or in a civil partnership ensures that your partner will inherit some of your estate, but if you pass away without a will – known as dying “intestate” – there may be limits to what they are entitled to receive.

You can use the Gov.uk tool to explore intestacy laws in greater depth, but here’s a quick overview based on your location within the UK:

• England or Wales:

– If you don’t have children. Your entire estate will be passed on to your surviving partner, no matter the value of your assets.

– If you have children. The first £322,000 of your estate will go to your surviving partner. Any remaining amount above this threshold will be divided – with half going to your partner and the other half distributed equally among your surviving children. In the event that any of your children have passed away, their share will be inherited by their children, meaning your grandchildren will receive the portion instead.

• Northern Ireland:

– If you don’t have children. The first £450,000 of your estate, along with all personal belongings, will go to your surviving partner. Any value exceeding this amount will be divided between your partner and your closest surviving blood relatives, with your parents inheriting before siblings.

– If you have children. Your surviving partner will receive the first £250,000 of the estate, along with all personal possessions. The remaining estate, known as the “residue,” will be shared between the partner and your children. If there is only one child, the residue is divided equally between the child and the partner. For multiple children, the partner receives one-third, while the remaining two-thirds is divided equally among the children. In cases where children have passed away, their children (your grandchildren) will inherit their share.

• Scotland: The regulations are more complex compared to the rest of the UK, as they depend on the value of your home, your cash savings, and the worth of any furniture you possess. Additionally, the rules can be further complicated based on whether or not you have any children who are still living. See Gov.uk for more info.

What happens to my property?

In England, Wales, and Northern Ireland, the fate of a property owned with your spouse after your death depends on whether you hold it as ‘joint tenants’ or ‘tenants in common.’

If the property is owned as joint tenants, it will bypass the intestacy laws, and full ownership will automatically transfer to your spouse upon your passing.

On the other hand, if you own the property as tenants in common, your share will not automatically go to your spouse. Instead, they may inherit part or all of it, based on the intestacy rules in place.

In Scotland, similar rules apply. If a survivorship clause is included in the property title deeds, the surviving spouse will automatically inherit the property. If no such clause exists, the intestacy rules will govern the distribution.

Q – I’m SINGLE and don’t have a will – what happens when I die?

A – If you’re single and pass away without a will, the distribution of your assets will be governed by the laws of intestacy.

You can use this helpful Gov.uk tool to explore how intestacy laws apply in more detail. Below is a quick overview of how these rules vary based on your location within the UK:

• England or Wales:

– If you don’t have children. If your parents are still alive, they will inherit your estate. In the absence of living parents, it will be passed on to your nearest living blood relatives, such as siblings. If a sibling has passed away, their children will inherit their share instead. Should you have no surviving relatives, your estate will be claimed by the Crown.

– If you have children. Your estate will be distributed among your heirs. If any of your children have passed away, their share will go to their children, meaning your grandchildren will inherit in their stead.

• Northern Ireland:

– If you don’t have children. Your estate will be divided among your surviving parents. If they are no longer living, the distribution will then go to your brothers and sisters. In the absence of siblings, the estate will pass to your living grandparents, and if none are alive, it will be shared among your surviving aunts and uncles.

– If you have children. Your estate will be distributed among your beneficiaries. If you have deceased children, their share will pass on to your grandchildren, who will inherit in place of their parents.

Scotland: The rules in this area are more complex compared to the rest of the UK and depend on factors such as the value of your home, the amount of cash savings you have, and the worth of any furniture you possess. Additionally, the regulations become more intricate depending on whether or not you have any surviving children. See Gov.uk for more info.

What happens to my property?

In England, Wales, and Northern Ireland, the fate of your property after your death without a will depends on whether the property is solely in your name or shared with another person or persons.

• Property solely in your name: It will be distributed according to the intestacy rules.
• Joint ownership as ‘joint tenants’: The property will pass to the surviving joint tenant.
• Joint ownership as ‘tenants in common’: Your portion of the property will be passed on according to the intestacy rules.

In Scotland, similar rules apply. If a survivorship clause is included in the property’s title deeds, ownership will transfer automatically to the surviving party. If not, the property will be subject to intestacy rules.

Q – I’m COHABITING with my partner but don’t have a will – what happens when I die?

A – If you’re cohabiting with your partner but aren’t married or in a civil partnership (both of which are legal contracts), creating a will becomes even more crucial.

Without a will, you will die ‘intestate,’ meaning your estate will be distributed according to intestacy laws – and your partner may inherit NOTHING from you.

It’s important to note that the concept of a ‘common law’ partner holds little legal significance. This is true even if you’ve been in a long-term relationship or have children together.

To understand how intestacy rules apply to your situation, you can use this Gov.uk tool for a more detailed explanation. Here’s a brief overview, depending on your location within the UK:

• England or Wales: 

– If you don’t have children. If your parents are still alive, your estate will be divided between them. If they have passed away, the inheritance will go to your closest living relatives, such as your siblings. In the event that a sibling has passed away, their children will inherit their share. If you have no surviving blood relatives, the Crown will inherit your estate.

– If you have children. Your estate will be divided among your heirs. If any of your children have passed away, their share will go to their children—your grandchildren—who will inherit in their stead.

• Northern Ireland:

– If you don’t have children. Your estate will be divided between your living parents. If they are deceased, the distribution will be made among your surviving siblings. In the absence of siblings, the estate will be shared with any surviving grandparents, followed by surviving aunts and uncles.

– If you have children. Your estate will be divided among your heirs. If any of your children have passed away, their children (your grandchildren) will inherit in their stead.

• Scotland: The rules are more complex compared to the rest of the UK, varying based on factors such as the value of your property, the amount of cash savings you have, and the worth of any furniture you own. Additionally, the rules are influenced by whether you have any children who are still alive. See Gov.uk for more info.

What happens to my property?

In England, Wales, and Northern Ireland, the fate of your property upon death depends on whether you own it as ‘joint tenants’ or ‘tenants in common’ with your cohabiting partner.

If the property is held as joint tenants, it bypasses intestacy rules, and your entire share will automatically transfer to your partner upon your death.

On the other hand, if you own the property as tenants in common, your portion of the property will be governed by intestacy laws, meaning your partner may not automatically inherit it.

In Scotland, the process is similar. If a survivorship clause is included in the property’s title deeds, the property will pass automatically to the surviving partner. Without such a clause, intestacy laws will apply.

Q – Cohabiting? For extra protection, consider getting a ‘cohabitation agreement’ in addition to a will

A – If you live with your partner but are not married or in a civil partnership, you might want to consider creating a “cohabitation agreement” along with drafting a will. While a will dictates the distribution of your assets after your death, a cohabitation agreement outlines the terms if your relationship ends – essentially serving as a living will.

Marriage and civil partnerships provide certain legal protections, but cohabiting couples are not entitled to the same rights, regardless of the length of the relationship or whether children are involved. In fact, cohabiting partners have limited legal rights.

Without marriage or civil partnership status, there is generally no obligation to share or divide assets if you separate. If the asset is in your name, it belongs to you. However, the legal details can be intricate, and they differ slightly depending on where you live in the UK, so seeking legal advice is recommended.

• England & Wales: If your (ex-)partner’s name is on the title of the home you live in, you might have grounds to claim a ‘beneficial interest’ in the property through the court, especially if you have contributed to the mortgage payments or financed any upgrades or extensions.
• Scotland: If you have experienced financial hardship due to your relationship, you might be eligible to claim certain assets. This can apply in cases where, for instance, your partner convinced you to leave your job, sell your property, and move in with them. You have up to one year after your separation to file a claim.
• Northern Ireland: If your partner owns the home, you have the right to reclaim any payments you’ve made, such as contributions toward the mortgage, as long as there is sufficient equity in the property to cover it.

A cohabitation agreement can clearly outline each partner’s rights in the event of a breakup, helping to prevent future conflicts and emotional strain, particularly when emotions are already heightened during a split.

For a cohabitation agreement to be legally sound, it’s ideal for both partners to receive independent legal counsel, ensuring neither is pressured into signing. While solicitors can be costly, you can find helpful templates for basic agreements online, as long as the terms are fair and reasonable.

Additionally, a cohabitation agreement can offer protection against financial abuse if either partner is facing this issue.

Q – Who looks after my children if I die?

A – When you pass away, the responsibility for your children is automatically transferred to anyone else who holds ‘parental responsibility’. While mothers generally have this by default, the situation can be more complex for fathers – refer to the table below for further details:

Fathers and parental responsibility
SITUATION	RESPONSIBILITY
Father married to mother when child born	Has parental responsibility (1)
Father not married to mother when child born but named on birth certificate	Has parental responsibility (2)
Father any other scenario. For example, not married to mother when child born nor named on birth certificate	Does not automatically have parental responsibility
(1) Still applies even if mother and father later divorce (2) Applies to children born since 1 December 2003 Note: The information above applies to England and Wales. See Gov.uk for info on Scotland, Northern Ireland, same-sex relationships and adoption.

 

For help for fathers on how to claim parental responsibility, visit Gov.uk.

Parents with dependent children should create a will to appoint a guardian or guardians for their children and ensure that funds are in place to provide financial support as they grow up. (Alternatively, a separate signed and witnessed document can fulfill this purpose.)

You have the freedom to choose anyone to be the guardian of your children, as long as they are over 18 and willing to take on the responsibility. This means you don’t have to choose a family member. A guardian will have a legal obligation to care for the child, including overseeing their education, upbringing, safety, and well-being, until they turn 18.

If you pass away without a will and there is no one else with parental responsibility, the court will decide who will take care of your children.

According to Will Aid, over half of adults in the UK (54%) have not made guardianship arrangements for their children.

Q – Do debts die with you?

A – The belief that debts are automatically forgiven upon death is a common misconception. While there’s some truth to this idea, the reality is more nuanced.

When you pass away with outstanding debts, such as credit card balances, loans, or mortgages, these liabilities will be paid off from your estate before any inheritance is distributed to your beneficiaries. However, if you have no assets, the debts will generally be forgiven. Here are three simplified scenarios to help clarify this process…

• £100,000 debts, no assets.

  This is simple: you’ve nothing to leave, so nobody has to take on the debts.

• £40,000 debts, you own a £200,000 home.

  Here the debt will need paying or sorting from the estate before the person you left the home to can take it.

• £120,000 debts, you own a £100,000 home.

  Again, for someone to get your home, the debts will need clearing. Your beneficiary could choose to pay this to keep hold of the house, but of course this would mean they’d take on the extra debt. Alternatively, they could choose not to take the home.

For full details on this, see the Gov.uk website.

Q – Can I leave a will for if I become incapacitated?

A – It’s essential to have a plan in place for your finances in case you become unable to manage them yourself due to conditions like dementia, mental illness, or an accident. Everyone should consider having a legal document that designates someone to handle their financial matters in such situations.

A living will, also known as an advance decision, outlines the type of medical treatment you wish to receive if you’re incapacitated and unable to communicate. For instance, you may choose to decline resuscitation if your heart stops. This document carries legal weight and is enforceable.

One proactive step to consider, especially if you are in the early stages of a degenerative illness, is to establish a lasting Power of Attorney (LPA). There are two main types: one for health decisions and one for managing your financial matters. You have the option to set up one or both, depending on your needs.

Without an LPA or a living will in place, if you become incapacitated, the Government will take over the responsibility of managing your estate.

In the absence of such legal documents, your family would need to apply for a court order to gain control of your affairs, a process that can take several months. To learn more about setting up a Power of Attorney, refer to our comprehensive guide.

Q – Can I include digital assets and social media accounts in my will?

A – Any digital assets you’ve got should be treated as much a part of your estate as physical ones. Digital assets could include:

• Photos and videos
• Cryptocurrencies
• Loyalty points
• Music files
• Websites
• Important online documents

If you own any of these items, it’s a good idea to specify in your will how you’d like them to be handled after your passing. Without such instructions, they will be allocated according to intestacy laws.

You can use a will to specify who you want to manage your social media accounts or what actions should be taken with them following your passing.

Q – What if I want to update my will in future?

A – Once your will has been signed and witnessed, you can’t simply make casual changes to it. Instead, if you wish to update it later, you will have two options:

• Fill in a codicil.
• Write a brand new will.

Codicils are suitable for making small amendments or updates to your will. To be valid, a codicil must be signed, witnessed, and stored alongside your original will.

If the changes are significant, it’s advisable to create an entirely new will. Ensure that the new will explicitly revokes any prior versions and that you dispose of any old copies.

Keep in mind that if you choose to consult a solicitor for a codicil, you’ll incur additional legal fees. Alternatively, will-writing services often charge a modest annual fee if you want the option of adding a codicil at a later date (which you decide when creating your will).

In most cases, adding a codicil is more affordable than drafting a new will.

Q – I’ve got a loved one with a learning disability – how do I look after them in my will?

A – When planning for the future care of a loved one with a learning disability after your passing, it’s essential to approach the matter thoughtfully.

In cases where a person’s cognitive and social abilities are significantly affected, leaving money or assets directly through a will might not be the most effective solution.

Instead, setting up a ‘trust’ alongside your will could be a more appropriate option. A trust allows one or more ‘trustees’ to manage and distribute the assets and funds on behalf of the beneficiaries, such as someone with a learning disability.

Additionally, it’s wise to include an ‘expression of wishes’ document with the trust. While not legally binding, this form provides valuable guidance to trustees on how you would like your assets used and how to care for your loved one.

Trusts come in various types, each with its own potential tax implications, and they may also affect your loved one’s eligibility for benefits.

Given these complexities, it’s crucial to seek expert advice before finalizing any decisions. A helpful starting point could be the learning disability charity Mencap, which offers a wealth of free resources, including:

• A useful factsheet with more detail about how trusts work and how to set one up.
• Telephone, email and webinar support. See the Mencap wills and trusts page for how to access it.

Alternatively, you could seek legal advice via the Law Society’s Find a Solicitor tool.

Q – What is ‘limited liability’ when writing my will?

A – When using a will-writing service or a DIY method to create your will, you may encounter a clause in the terms and conditions that limits the compensation the company will provide if something goes wrong due to their actions (or sometimes, excludes compensation entirely). This is known as liability limitation or exclusion.

In the case of will-writing services, it’s more common for the liability to be limited rather than excluded. For example, Farewill sets a cap on compensation payouts at £1,000. On the other hand, with DIY services, liability is often fully excluded, meaning the company will not offer any compensation if issues arise.

It’s important to bear this in mind if considering a will-writing service or DIY option, particularly if it’s not part of a professional or trade body such as the Institute of Professional Willwriters or Society of Will Writers (both of which have compensation funds if something goes wrong).

Although these services may seem like an affordable way to create your will, it’s important to understand that they can end up being very expensive if issues arise, such as the will being contested.

While £1,000 might be enough to pay for the initial will, any losses resulting from an improperly drafted document could far exceed this amount. For instance, in 1998, beneficiaries who were dissatisfied with a poorly written will received £170,000 in compensation due to the negligence of a will-writing service.

Q – Is it possible to change somebody’s will after they have died?

A – Although it’s not possible to alter someone’s will after they’ve passed away, there are situations where you can adjust the amount you stand to inherit from that will. These changes can only be made if all the beneficiaries involved are in agreement.

Common reasons for modifying the benefits of a will include minimizing inheritance or capital gains taxes that a beneficiary would otherwise incur. Additionally, it may be possible to add a new beneficiary who was initially excluded from the will.

To make these changes, a ‘deed of variation’ must be drafted. This must be done within two years following the death of the individual.

For details about how to get a deed of variation, see the Gov.uk website.

Q – What can I do if I think a relative’s estate has gone to the Crown?

A – When a person passes away without a will or identifiable relatives, their assets become ownerless and are transferred to the Crown, a process referred to as ‘bona vacantia’ in legal terms.

The Government’s Bona Vacantia Division (BVD) maintains a daily-updated list of estates that remain unclaimed.

You can find out if you qualify to claim a deceased family member’s estate by reviewing the BVD’s listings. Claims must be made within 30 years from the date of death.