The Plain-English Guide to Writing a Will in England & Wales
Writing a Will is one of those things many people know they should do, but often feel unsure about starting. This guide explains what a Will is, who needs one, and how it works in England and Wales, using clear language and real-world examples.
It is written for modern life and modern families, including parents, unmarried partners, blended families, and people with shared responsibilities. There is no legal jargon and no scare tactics. Just practical information to help you understand your options and make informed decisions.
If you already have a Will, this guide can help you understand when it might need updating. If you do not, it will walk you through the basics so you know what matters and why.
What is a Will?
A Will is a legal document that sets out what should happen to your estate after you die. Your estate includes your money, property, possessions, and any other assets you own, as well as responsibility for decisions such as guardianship.
In England and Wales, a Will only takes effect after death. While you are alive, it has no legal impact and can be updated as your circumstances change.
A valid Will allows you to decide who inherits your estate, name Guardians for your children, appoint Executors to carry out your wishes, record funeral preferences, and reduce uncertainty and delays for the people you leave behind.
Without a Will, these decisions are made according to strict legal rules called the intestacy rules, which often do not reflect modern family life.
Who needs a Will?
Many people assume Wills are only for the wealthy or the elderly. In reality, a Will is relevant to anyone with people they care about or responsibilities they want handled clearly.
You should strongly consider writing a Will if you have children or dependants, are in a long-term relationship but not married or in a civil partnership, own or share property, have step-children or chosen family you want to provide for, or want clarity over who makes decisions and who does not.
For parents, a Will is the only way to formally record who you would want to care for your children if both parents die. Without this, the courts may need to step in, often at a time of significant emotional strain for the family.
For unmarried couples, a Will is especially important. In England and Wales, there is no such thing as common law marriage. Without a Will, an unmarried partner has no automatic right to inherit, no matter how long you have lived together or how intertwined your lives are.
A Will is not about predicting the future. It is about making calm decisions now, while you can, so the people you love are protected later.
What happens if you die without a Will?
If you die without a valid Will in England and Wales, your estate is dealt with under the rules of intestacy. These are fixed legal rules that decide who can inherit and who is legally allowed to manage your affairs.
The intestacy rules do not take personal wishes, family dynamics, or individual circumstances into account. They apply the same framework to everyone, regardless of how your life was actually structured. This can lead to outcomes that feel surprising, unfair, or out of step with modern family life.
A Will is the only way to move away from these default rules and replace them with your own decisions.
For a detailed look at intestacy and how estates are distributed in different family situations, see our intestacy rules blog.
What does this mean for families?
Even in close, supportive families, the absence of a Will can create stress and confusion. When authority is unclear, people may feel unsure about what they are allowed to do, who should take responsibility, or how decisions should be made.
Probate without a Will is often described as a marathon rather than a sprint. There is no immediate right to step in, no automatic authority, and decisions can be delayed while the court appoints an administrator.
Disagreements are not always about money. They often arise from unclear roles, delayed decisions, and differing assumptions about what the person who died would have wanted.
A Will removes much of that guesswork. It provides clarity, reduces the scope for misunderstanding, and helps families move forward with confidence rather than hesitation.
Why writing a Will changes this
A valid Will allows you to replace default rules with your own considered choices. It lets you decide who inherits, who is responsible for carrying out your wishes, and how key decisions should be handled.
By appointing Executors you trust and setting things out clearly, you can reduce delays, limit court involvement, and make the process more straightforward for the people you leave behind.
Most importantly, writing a Will means your life and relationships are reflected accurately, rather than being filtered through rules written long before modern families were the norm.
How guardianship works for children
If you have children under 18, guardianship is one of the most important reasons to write a Will.
A Guardian is the person you would want to care for your children if both parents die. This includes day-to-day care, upbringing, education, and making practical decisions about their welfare.
In England and Wales, the only place parents can formally record their wishes about guardianship is in a Will.
Why a Will matters for guardianship
Without a Will, there is no legally recorded expression of your wishes. If both parents die, decisions about who should care for your children may need to be made by the courts.
While the courts will always act in a child’s best interests, they do not know your family dynamics, values, or preferences unless these are clearly set out. This can create uncertainty and delay at an already distressing time for family members and loved ones.
A Will allows you to guide that process by naming who you believe is best placed to care for your children, rather than leaving the decision entirely to default processes.
Can you name more than one Guardian?
Yes. Many parents choose to name:
a primary Guardian, and
one or more substitute Guardians, in case the first person is unable or unwilling to act.
This provides flexibility and reassurance, particularly as circumstances can change over time. It is also sensible to review guardianship choices as children grow older and family situations evolve.
Many parents also choose to discuss guardianship decisions with the people they are naming, so expectations are clear and everyone involved understands the role.
Does naming a Guardian guarantee they will be appointed?
Naming a Guardian in a Will is not an absolute guarantee, but it carries significant legal weight. It provides clear evidence of your intentions and is a key factor if the court ever needs to be involved.
In practice, clearly expressed wishes from parents are usually followed unless there is a serious reason not to do so. Including guardianship in your Will helps ensure your voice is heard, even when you are no longer able to speak for yourself.
Why this matters so much to parents
For many parents, guardianship is not an abstract legal concept. It is about knowing their children would be cared for by someone they trust, in a way that reflects their values and family life.
Writing a Will gives parents the opportunity to make that decision calmly and deliberately, rather than leaving it to be worked out in the midst of crisis.
If you have children under 18, guardianship is one of the most important reasons to write a Will.
A Guardian is the person you would want to care for your children if both parents die. This includes day-to-day care, upbringing, and making practical decisions about their welfare.
In England and Wales, the only place parents can formally record their wishes about guardianship is in a Will.
Without a Will, there is no legally recorded expression of your wishes. If both parents die, decisions about who should care for your children may need to be made by the courts. While the courts will always act in a child’s best interests, they do not know your family dynamics, values, or preferences unless they are clearly set out.
A Will allows you to guide that decision-making process by naming who you believe is best placed to care for your children.
You can name a primary Guardian and one or more substitute Guardians, in case circumstances change. Many parents also choose to discuss guardianship decisions with the people they are naming so expectations are clear.
Further reading
If you would like a more detailed explanation of how guardianship decisions work in practice, including common scenarios parents worry about, you can read our in-depth guide to choosing a Guardian for your children.
How to write a Will in England and Wales
Writing a Will does not have to be complicated, but it does need to be done properly to be legally valid.
At a high level, the process usually involves deciding what you want to happen to your estate, choosing who should inherit and who should not, appointing Executors, naming Guardians if you have children, and ensuring the Will meets legal formalities.
To be valid in England and Wales, a Will must be made by someone aged 18 or over, made voluntarily and with mental capacity, be in writing, be signed by the person making it, and be witnessed by two independent witnesses who are present at the same time.
Some people choose to write a Will themselves, while others prefer professional support. The right option depends on your circumstances, the complexity of your estate, and how confident you feel.
What matters most is that your Will is clear, legally valid, and accurately reflects your wishes.
When should you update your Will?
A Will is not a one-time document. It should be reviewed whenever your circumstances change.
Common reasons to update a Will include having children, buying or selling property, marriage, separation or divorce, changes in who you want to inherit, or changes in who you would want to act as Guardian or Executor.
Reviewing your Will every 3 - 5 years helps ensure it reflects your life as it is now, not as it once was.
This guide reflects current law and practice in England and Wales and is reviewed regularly to ensure accuracy.