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Make a will
A will sets out who gets your money, property and possessions and who looks after your children. The rules for a valid will are different in Scotland.
Official links
Show links for:
| Official source | Applies to |
|---|---|
| GOV.UK: making a will www.gov.uk/make-will | England, Wales |
| mygov.scot: create a will www.mygov.scot/create-will | Scotland |
| nidirect: making a will www.nidirect.gov.uk/articles/making-will | Northern Ireland |
Step by step
- Decide who benefits, who will look after any children, and who your executor will be. Get legal advice if your situation is complex, for example property abroad or a permanent home outside the UK.
- England and Wales: write it, then sign it in front of 2 witnesses aged 18 or over, who also sign it in your presence.
- Scotland: from age 12 you can make a will. Sign every page and have one witness sign the last page so it is 'self-proving'.
- Keep it safe (at home, with a solicitor, a bank or the Probate Service) and tell your executor where it is.
- Review it every 5 years and after big life changes. Change it with a codicil or a new will, never by writing on the signed will.
What you need
- A list of your money, property and possessions
- Names and addresses of the people you want to benefit and of your executor
- Your witnesses, who must not benefit from the will
Common mistakes
- Choosing a witness who benefits, or whose husband, wife or civil partner benefits. In England and Wales they cannot inherit under the will.
- Forgetting that in England and Wales getting married cancels any earlier will.
- In Scotland, assuming you can leave your spouse, civil partner or children nothing: they can claim 'legal rights' to part of your estate.