
Cheap and free wills
Low-cost ways to write your will (and protect your loved ones)
Die without having written a will and you could be leaving behind significant financial and emotional problems for your loved ones. Worryingly, we've found that more than half of adults don't have a will, or do but the will is out of date. Fortunately, there are a range of low-cost will-writing options available which we'll explore in this guide.
Thanks to Emily Deane from the Society of Trust and Estate Practitioners for her help.

An overview of cheap and free wills...
Everyone should sort a will – dying without one means the law decides who gets what, not you. It's crucial if you've got kids, own property or aren't married to a partner.
Not all wills are equal – solicitor-drafted wills give the best protection (they're regulated and insured). Doing it yourself can be risky if you get it wrong.
You can get a free or cheap solicitor-drafted will:
Free Wills Month in October & March.
Will Aid in November.
Some charities offer them year-round if you leave a donation / bequest in your will.
Unions and employers sometimes offer free wills too.
Free or low-cost options – are generally only suitable for people with straightforward affairs. If you have more complicated circumstances, such as a blended family or property abroad, you'll probably need to see a solicitor.
Store it safely – tell loved ones where your will is kept. Solicitors often store wills for free, or you can use the Government's will storage (£23+), or register it.
Avoid pricey executors – don't assume the firm that does your will also has to be named as an executor, as it could charge hefty fees. Pick someone you trust.
Do you need a will?
Writing a will is one of those things many people put off. When we last ran a poll on wills, 55% of respondents said they either didn't have one or did but it was out of date.
Given more than £5 trillion is expected to pass between generations over the next 30 years, that's a lot of money with a question mark hanging over it. But with a will in place, your loved ones are hopefully better protected: provided for financially, shielded from Inheritance Tax and less likely to fall into dispute about how your possessions are divided.
That's because a will is a legally binding document which states what should happen to your money, possessions and property (known as your 'estate') after you die. In addition to naming your 'beneficiaries' (who gets what from your will), a will appoints 'executors' – the people who will look after the financial process after your death.
Without a will, you've NO SAY on what happens to your money and property when you die.
Instead, if you don't leave a will, your estate will be shared out according to the rigid laws of intestacy – which might not be in line with what you would have wanted.
WARNING: No will = no say over what happens to your money and property.
Reasons for writing or updating a will
There are many reasons for writing or updating a will, including:
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You have dependent children. Use a will to financially provide for your children and, if they're under 18, nominate their legal guardian. If you die without a will and there's no one else with parental responsibility, the courts will decide who takes care of them.
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You're not married to your partner. Don't expect anything to go to your partner if you're not married or civil-partnered and don't have a will. This might mean them not being able to stay in the home you shared or having to go through the legal system to secure financial provision from your estate. See cohabiting and wills.
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You're worried about Inheritance Tax. If your estate is worth more than £325,000, it could be hit with an Inheritance Tax bill when you die. A will could help you pay less Inheritance Tax, or possibly avoid in entirely. See our Inheritance Tax guide.
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You get married, divorced, remarry or have kids. An up-to-date will ensures the right people stand to benefit. Note that in England, Wales and Northern Ireland an existing will is automatically invalid ('revoked') when you get married, so you'll need a new will. This isn't the case in Scotland, but you should still review your will if you get married – particularly if you've got children from a previous marriage, or you marry someone who's got other children – to make sure it reflects your new family setup.
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Other significant life events occur. Such as big changes to your financial situation (for example, you've come into an inheritance windfall) or to the health of a loved one (maybe you want to ringfence money for their long-term care).
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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.
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You own property with someone else or overseas. If you own your home on a 'tenants in common' basis, when you die the intestacy rules will apply unless you have a will. If you own property overseas, inheritance laws may be different from the UK's – so bear that in mind when writing a will and seek advice from a solicitor if in doubt.
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One of your beneficiaries has died. Where you've already got a will but one of your main beneficiaries has died, you may want to update your will so it states who you'd like to inherit instead – otherwise someone else might inherit who you don't wish to benefit.
In addition to a will: consider a 'Lasting Power of Attorney'
A will states what should happen to your estate once you die. A Lasting Power of Attorney (LPA) – equally as critical as a will – states what should happen to it while you're still alive.
This would become hugely important in the event you lost the mental capacity to make decisions about your finances, whether that was through illness (dementia, for example) or injury (like a head accident). Without an LPA in place, it can be complex and costly for loved ones to access your money, even if it's to pay for your own care.
So consider drawing up a Lasting Power of Attorney in addition to writing a will.
Warning: Not all wills are regulated
We want to start with a serious warning: unlike many areas of financial services, will-writing is not a regulated market.
This means not only are there a number of different ways to get a will, but the protections you have if something goes wrong vary hugely depending on who writes it.
For example, while the will-writing sector is unregulated, solicitors are regulated professionals. So if you use a solicitor to write your will you are covered by a range of potentially valuable protections. But with other, non-solicitor, will-writing services, you don't have the same safeguards, while with a DIY will you're essentially on your own.
The choice of how to write your will can feel overwhelming. But we want to stress:
Think carefully about how you plan to write your will. Not only do protections vary hugely, but problems may not come to light until after your death...
This guide explores the options available: solicitor wills, will-writing services and DIY...
You don't have to use a solicitor to write your will. But as a legal document which can be invalidated by mistakes, you want confidence your will has been properly drafted – which is where solicitors excel.
Of course, there's no guarantee they will do a good job. But using a solicitor means you have more protection if something does go wrong (which may not become apparent until years later or after you're dead).
You're protected because solicitors are regulated. Regulation means if something goes wrong which can't be resolved by the solicitor's firm, you can seek instead redress via the Legal Ombudsman (Eng, Wal), Scottish Legal Complaints Commission or Solicitors Complaints Committee (NI).
Solicitors are required to have indemnity insurance for when things go wrong, including additional cover in case the firm closes. The 'Solicitors' Indemnity Fund' also offers cover, so there is scope for compensation.
A solicitor should give you peace of mind, especially if you've complex affairs. It'll usually store your will for you too for no extra charge.
But solicitors are generally the most expensive option. Even for a simple will, solicitors can charge about £200, while more complicated wills can cost several hundred pounds. Specialist wills involving trusts or overseas property, or where you want tax advice, are likely to cost £500 upwards.
Yet there are range of ways to get a solicitor will for cheap or free...
How can I check a solicitor is regulated?
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England and Wales. Regulated solicitors and firms appear on the Solicitors Regulation Authority register (green tick, 'SRA-regulated').
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Scotland. Regulated solicitors and firms appear on the Law Society of Scotland database.
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Northern Ireland. Regulated solicitors and firms appear on the Law Society of Northern Ireland database.
Consider using a solicitor if...
Your estate is likely to pay Inheritance Tax.
You've got a complex family situation.
There are certain people you specifically wish not to inherit.
A loved one needs looking after, like a disabled family member.
You have assets overseas, such as a holiday home.
You run a business.
Will-writing services can be a cheaper alternative to a solicitor, with prices typically starting at under £100 (or under £150 for joint wills).
They tend to be most suited to people with straightforward affairs, such as where you plan to leave everything to your spouse or children.
If your situation is more complex – your estate includes overseas assets or a business, for example – consider using a solicitor instead. A solicitor is far more likely to be able to provide the in-depth advice you'll require.
Will-writing services tend to be online-based, using digital tools to draft your will. Some have specialist staff checking the wills they produce, though expertise varies and not all will writers have legal qualifications.
There may also be an extra charge for storing your will.
If you use a will-writing service, check if it's a member of a professional or trade body, like the Society of Trust and Estate Practitioners, the Institute of Professional Willwriters (IPW) or Society of Will Writers (SWW). These bodies have codes of practice which members have agreed to follow, and you can take complaints to them about member firms.
IPW and SWW members also have professional indemnity insurance, which can provide compensation if something goes wrong.
Note, these organisations are voluntary and not official regulators, so enforcing rules and getting redress won't necessarily be easy.
While almost all will-writing services are not regulated, there are a few exceptions – Co-op Legal Services being one. If a will-writing service happens to be regulated and something does goes wrong, you'll have access to the Solicitors Regulation Authority and Legal Ombudsman.
And some will-writing services, while not regulated themselves, employ solicitors to review wills, meaning you should have extra protection if your will is reviewed by a solicitor as opposed to a paralegal or will-writer.
If you've very simple circumstances, writing your own will using a template available online or from stationery shops can be a cheap option.
But be aware that with the DIY route you really are on your own. Nobody is responsible for your will being written correctly and there won't be anyone on hand to answer questions or provide advice – something solicitors and (to a lesser extent) will-writing services can help with.
Furthermore, if you make any mistakes, you won't get the protection you'd have with a solicitor writing your will, or the reassurance of a will-writing service potentially being part of a recognised trade body.
So while the DIY route can be cheap, you need to consider the risks that come with not having a professional solicitor or will-writer draft it for you
You can store a DIY will at home, though there's the risk it might be thrown away or damaged. See below for where else you can store a will.
Solicitors are regulated (so there's protection)
'Will-writing services' are generally not regulated
With a DIY will you're basically on your own
IMPORTANT! If you get your will from a solicitor or will-writing service, don't assume you have to appoint them executors of your will (the people who'll sort your finances after your death).
While you can choose solicitors and banks as executors, they often charge £1,000s or more for this service (paid after you die).
They may exaggerate how stressful executorship is – or just make themselves executors without asking you – but only agree to this if it's what you want. Consider nominating a loved one instead as this'll be free (especially people who are your beneficiaries, as they are interested parties to your will).
Be mindful you'll need to update your will if you later decide to change executor, which may mean administrative or cancellation fees (for example, if you'd originally appointed a solicitor). Changing an executor after death can be particularly difficult.
For more info about the process of sorting out someone's estate after death – such as executing a will – see our Probate guide.
Option 1: Free and low-cost wills from solicitors
Using a solicitor is normally the safest way of writing a will, offering solid protection in the event something goes wrong (which may not become apparent until years later). So if you want to be on the safe side, this is your best bet.
However, solicitors are also the most expensive option...
Thankfully, there are ways to cut the cost, ranging from charity-based schemes to individual charity schemes, trade union services to online options and local solicitors.
Free or cheap charity-based schemes
Many charities offer free wills written by solicitors. In return, they hope you'll make a donation or leave a 'bequest' in your will – though you're not obliged to do either.
In particular there are a few annual charity events that offer solicitor-drafted wills for cheap:
(As these charities pay for your will – costing £100s – please consider leaving a gift.)
November is 'Will Aid'

Will Aid is a UK-wide charity scheme running each November.
Hundreds of solicitors offer to write basic wills for free. Instead of their usual fee, you'll be invited to make an upfront donation to Will Aid – which is later shared among selected charities. The suggested donation is £120 for a single will or £200 for a pair of basic 'mirror wills', but you can give less if you prefer.
The supporting charities in November 2025 were: Age UK, British Red Cross, Christian Aid, Crisis, NSPCC, Shelter, SCIAF and Trócaire.
Will Aid goes live at the start of November and bookings remain open until the end of that month – though the appointment itself can take place in November, December or beyond. Solicitors offer a range of appointment types, so if there is no face-to-face availability near you, you should be able to arrange a remote meeting instead.
The solicitor you use may offer to store your will at no extra charge. Every will drafted through Will Aid can also be registered for free via the National Will Register.
Quick stats:
Who's it for? Anyone aged 18+.
When is it? November (bookings open in September).
Where is it available? Across the UK (in person and remotely).
Who writes the will? A solicitor.
Donation asked for? £120 single, £200 joint is suggested, but it is down to you.
Here's how to take part in Will Aid:
1. Enter your postcode on Will Aid or call 0300 0300 013 to see solicitors taking part.
2. Contact the solicitor to arrange an appointment, mentioning the Will Aid scheme.
3. You can donate via the Will Aid website and take a copy of the receipt with you.
If your affairs are complex the solicitor is likely to charge extra to cover this, though you'd still be entitled to the basic part of your will in exchange for a charity donation.
Examples of complex affairs can include:
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Providing for children from previous relationships or stepfamilies.
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Setting up a property trust.
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Setting up a trust to care for a vulnerable loved one.
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If you need Inheritance Tax advice.
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Owning property abroad.
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Wanting to make a large number of specific gifts.
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Excluding close family members from inheriting.
How does the scheme work?
What if I've got a complex will?
October and March are 'Free Wills Month'

Free Wills Month runs each October and March.
The scheme offers free solicitor-drafted (or updated) wills – though it's hoped you'll leave something to charity.
Who can take part?
People aged 55 and over (for couples wanting 'mirror wills', only one of you needs to be 55 or over). Different areas take part depending on whether it's October or March.
Not sure if your area is taking part this October / March?
Use the Free Wills Month website to see whether solicitors near you are taking part. If not, they should be during the next edition of the scheme (though it's best to check).
Get started online – but don't delay as bookings fill up fast
Free Wills Month opens to bookings at the start of October/March. Bookings tend to fill up very quickly, so don't delay if you want to take part.
Enter your postcode on the Free Wills Month website to find your nearest participating solicitor who has availability. Contact the solicitor and mention the Free Wills Month scheme. Many solicitors offer video, phone as well as face-to-face appointments.
To take part, you'll need to sort your booking by the end of October/March, though the appointment itself can take place the following month or later if necessary.
How much money should I leave to a charity in my will?
You'll be asked to leave money to a charity in your will. Typically people leave between £300 and £1,000 or a small percentage of their estate – but you don't have to do either.
If your affairs are complex – you've got kids from a previous relationship or property abroad, for example – the solicitor is likely to ask you to pay extra to cover this.
The solicitor you use may offer to store your will at no extra charge. You'll also have the option to register your will for free via the National Will Register.
In the October 2025 edition, the participating charities are:
Age UK, Alzheimer’s Research UK, Breast Cancer Now, British Heart Foundation, Dogs Trust, Guide Dogs, Marie Curie, Mencap, Mind, National Trust, NSPCC, PDSA, Prostate Cancer UK, RNLI, Royal British Legion, The Salvation Army, Stroke Association, Versus Arthritis, WWF.
While the exact charity sponsoring the scheme will depend on your location, you can choose to leave a gift to any charity you like.
The charities involved pay for the solicitors' time, so consider leaving something to a charity in your will. The hope is that you will, but you're under no obligation.
What if I've got a complex will?
Where can I store my will?
Which charities sponsor the scheme?
How can I help the charities that back the scheme?
Individual charity schemes
Most charities operate their own individual free-will service in the hope of a gift in your will. This has the advantage of you not paying now and the gift being free from Inheritance Tax.
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 | Details on website | Details on website |
How does the scheme work? |
All these schemes are nationwide and open all year round.
Other charities
If you'd like to leave a gift to a particular charity, check if it runs its own free will scheme. The charity will usually check you have donated in the past, or are a member, to be eligible.
Nearly 300 charities are signed up to the National Free Wills Network, which arranges free simple wills that are drafted by a solicitor. Participating charities include:
Alzheimer's Research UK, Amnesty International, British Academy, Children with Cancer, Dignity in Dying, Guide Dogs, Liberty, Oxfam, RNLI, Shelter and Unicef.
Other charities offering free wills outside the scheme include Hospice UK, Coal Industry Social Welfare Organisation, Macmillan Cancer Support and the Soil Association – though be aware these wills are sometimes drafted by a will-writing service and not a solicitor.
Trade union member? You could get a free will
A number of trade unions offer free solicitor-drafted wills to their members (and 'mirror wills' for partners) So if you're a union member, it's worth checking.
Trade unions which offer these types of free will include the Public and Commercial Services' Union, the NASUWT teachers' union, the Fire Brigades' Union and Unison.
Some employers also offer will-writing services to staff, which is worth checking. But if it's just filling in a template, you might be better off with a solicitor-based service.
Free online solicitor-checked wills
In England and Wales, there's one free online option where each will is checked by a solicitor. It's called Free Wills and even allows you to amend the will for free years later.
If giving something to charity is important to you then Free Wills can arrange this. To date, it's helped raise £300 million for charity through gifts left in its wills.
Free Wills can store your will too. This normally costs £50, though currently it's half-price at £25. Included in this fee is registration of your will at the National Will Register.
It'll recommend appointing Kings Court Trust as the executor of your will, but there's no obligation to accept. Kings Court Trust charges £1,000s in fees for this service, so unless you've a complex will, we'd suggest picking a family member or friend as executor instead.
It's possible to take a complaint about a Free Wills solicitor to the Legal Ombudsman.
See more information on the Free Wills website.
Cheap and free wills via Octopus Legacy
Octopus Legacy runs 'free wills' months in March, September and October.
Available to all adults in England and Wales who have simple affairs and wishes, it's hoped you'll leave a gift in your will to one of its 150+ partner charities, though you don't have to. Mirror wills for couples with simple wishes are also available as part of the scheme.
Those whose affairs are more complex can get discounted wills in September/October and March – again, it's hoped you'll leave a gift in your will to a charity in return.
Online, telephone, home visit and in-branch appointments are available and the participating charities include ActionAid, WWF-UK, RNIB and the Canal & River Trust.
Do note Octopus Legacy's wills are checked by a legal team that's overseen by a solicitor, not drafted by a solicitor (only very complex wills are drafted by a solicitor). So if you want more hand-holding or to guarantee a solicitor drafts your will, this service may not be right.
For more details, see the free will section of Octopus Legacy.
Outside of these months. If you have simple wishes you can go via Octopus Legacy and create a will online for £100, or arrange for a telephone or home visit for £150. Complex wills cost more from £399 and can be made over the phone or face-to-face.
Local solicitors near you
If none of the options above suit you, local solicitors can be found at the Law Society or the Society of Trust and Estate Practitioners. Or if you need one that provides specialist legal advice for older and vulnerable people, try The Association of Lifetime Lawyers.
Compare quotes between a few firms, as savings of £100+ might be possible.
Option 2: Low-cost will-writing services
Professional will-writing services can be cheaper than a solicitor, with prices starting under £100. They tend to be online-based – using digital tools to draft your will – but can operate via post or with someone visiting your home.
Will-writers generally fall into one of three categories:
Services that are regulated by the Solicitors' Regulation Authority (SRA)
Services where it's pot luck whether your will is reviewed by a solicitor or not.
Services offered as part of an insurance package.
If you use a will-writing service that's SRA-regulated, this means you'll get the same level of protection as you would using a solicitor. If the service isn't SRA-regulated, check whether it's a member of a trade body instead such as the Society of Trust and Estate Practitioners, the Institute of Professional Willwriters or the Society of Will Writers.
Will-writing services tend to charge an annual fee if you want the flexibility to make changes to your will in future, but you don't have to opt in to this if you don't want to.
Some will-writing services have similar protection to a solicitor
A small number of will-writing services are regulated by the SRA, like Co-op Legal Services.
Another – Make A Will Online – is not regulated by the SRA, but its wills are checked by a solicitor. This means there's a very similar level of protection to an SRA-regulated service.
Who can get it? | Everyone 18+ | Everyone 18+ |
Available where? | England, Wales | England, Wales |
Who drafts 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 | ||
Full info |
Most will-writing services have varied levels of protection
As mentioned, very few will-writing services are regulated by the SRA.
However, many of them have panels of experts to review wills, which can include solicitors. So while you couldn't complain about a firm to the Legal Ombudsman if it's not regulated, if your will is reviewed by a solicitor you could go the Ombudsman about that specific solicitor.
Yet many will-writing panels are comprised not just of solicitors but will-writing professionals and paralegals too. So there's a lottery element as to what level of protection you might get. If you can, ask the firm whether your will can be reviewed by a solicitor specifically.
If it won't be, it's important to check the will-writing firm is part of a will-writing body.
Who can get it? | Everyone 18+ | Everyone 18+ |
Available where? | UK-wide | England, Wales |
Who drafts 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 (Via our links) | £70 single / £112 joint (2) (Via our links, quoting code msesave30) |
How to apply | ||
Full info |
(1) Neither Which? nor Farewill are members of will-writing bodies.
Wills included as part of home insurance legal cover
If you add legal cover to your home insurance policy, check if this includes a will service.
You complete your details and the will is checked by a legal team, who send it back to you for signing. It's only suitable for simple wills, but worth seeing if your insurer offers it.
See our Cheap home insurance guide for more information.
Option 3: DIY wills
For people with simple circumstances, writing your own will using a template will online or from a stationery shop can be one of the cheapest options. However...
WARNING! Only DIY a will if your wishes are very simple
An example of simple wishes is being married and wanting to leave everything to your spouse, and – should they die before you – leaving everything to your children instead.
Anything more complicated than that – for example, if you have stepchildren or you aren't married to your partner – and you should almost certainly use a solicitor or a will-writing service.
If you've complicated circumstances and DIY your own will, there is a much greater chance of the will failing to clearly convey your wishes – which could lead to the will being contested later.
Even if you think you do have simple circumstances, failing to convey your wishes clearly in a DIY pack could easily lead to difficulties too (so really think carefully if DIY is the right option).
One DIY option is Lawpack*, which has a will template for £25. Another is the legal advice site Compact Law, which offers free templates.
Yet with both Lawpack and Compact Law you're effectively on your own – neither accepts liability if something goes wrong with your will, nor are they members of will-writing bodies.
How do I write a DIY will?
There are some basic legal requirements needed to make a will, including.
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You must be 18+ and have the mental capacity to make a will.
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The will needs to be dated and witnessed correctly.
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The will must state it replaces any previous versions (if there are any).
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Witnesses must be 18+, can't be your beneficiaries, can't be your spouse / civil partner.
If you're DIY-ing your will, these responsibilities will rest on your shoulders.
Watch out for common mistakes such as names being misspelled and information about assets being too vague. Be careful and as specific as possible. If the will is replacing a previous version you've written, destroy the old one once the new one has been signed.
Additionally, do check that the DIY pack is legally valid for the country you live in (for example, don't use a Scottish DIY will pack if you live in England, and vice versa).
Where should you store your will?
It's very important to store your will safely and tell your executors where they'll be able to find it after your death. Fail to tell your loved ones where it's kept and this can make an already difficult time that much harder.
If a solicitor drafts your will, they'll usually store it for you – generally for free – while you also get a copy.
Will-writing services are often able to store your will too, though typically there's a charge. And you may be less protected than with a solicitor – for example, if the will writer went out of business. In this event, it should let you collect your will or tell you where it's being sent, though there's no guarantee (unlike with a solicitor). So keep a copy of the will yourself.
You could just keep the original copy of your will at home. However, there's a risk it could be thrown away or damaged. If storing at home, remember to tell your executors where it is.
Alternatively, you can store your will at:
England and Wales. Store your will at HM Courts & Tribunals Service for a £23 fee. Make a copy before sending off the original will as you won't be provided with a copy.
Northern Ireland. Store your will at the Probate Office for a £47 fee. Make a copy before sending off the original will as you won't be provided with a copy.
Scotland. Store your will at Registers of Scotland for a £20 fee. After storing, you'll be provided with a copy of your will which has the same legal status as the original.
Whichever option you choose, establish how easy it is to access your will from storage, if there's a cost to do this and what happens to your will if the storage facility closed down.
You can register your will too (as an extra precaution)
Your main priority should be storing your will securely so it can be tracked down easily.
As an extra precaution, the National Will Register can log details about where wills are kept, to help loved ones find them when needed. It currently stores the details of 10.5 million wills.
Registering a will costs £30, though it's free to do during the month of May. Searching the register also costs from £65 (even if you're searching for your own will), so only see registering as a backup to storing your will safely and informing the relevant people.
To register, you'll need to provide: the basic details of the testator (name, date of birth, address, contact details), the date the will was written and details of where the will is stored.
Quick question:
Strict rules ensure wills stored by solicitors are kept safe if the firm closes down.
If a solicitor firm closes, your will would either be transferred to another solicitor or remain securely stored with the original firm / with the Solicitors Regulation Authority.
With will-writing services there is no equivalent, sector-wide safeguard in place, so you should ask what would happen to your will in the event the business closes.
What happens to my will if the firm looking after it closes down?
FAQs: Wills and inheritance
Many people die without leaving a will. This is known as dying 'intestate'.
What happens to your estate will then be determined by strict intestacy rules – complicating things for and even disadvantaging loved ones left behind.
Crucially, if you have a partner but are not married or in a civil partnership, dying without a will means they won't have the right to inherit anything. This applies even if you've been together decades and have several kids.
To complicate matters further, the intestacy rules vary depending on your marital status, whether you've got children and where you live in the UK.
Select the scenario that matches your situation:
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
To some extent, being married or in a civil partnership guarantees your partner will inherit if you die without a will – but there might be a cap on what they get.
How intestacy works exactly will depend on where the deceased lived:
England or Wales
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If you don't have children. Your entire estate will go to your surviving partner, regardless of how much it's worth.
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If you have children. The first £322,000 of your estate will go to your surviving partner. Anything above this amount will be split – half to your surviving partner and half split between your surviving children (if you've got children who are no longer alive, grandchildren inherit in their place).
Northern Ireland
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If you don't have children. The first £450,000 of the estate, plus personal possessions, go to the surviving partner. Anything above this amount is shared between the surviving partner and closest surviving blood relatives.
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If you have children. The first £250,000 of the estate, plus personal possessions, go to the surviving partner. Anything above this amount is called the 'residue' and is shared between the surviving partner and the surviving children. If there is one child, the residue is split in half. If there is more than one child, the surviving partner gets a third and the children two-thirds split equally between them. (If you've got children who are no longer alive, grandchildren inherit in their place).
Scotland
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Rules are a little more complicated than for the rest of the UK and are dependent on how much your home is worth, how much you have in cash savings and the value of any furniture you own. Rules are further complicated by whether or not you have any surviving children.
Use this Gov.uk tool to see how intestacy rules work in more detail.
What happens to my property?
In England, Wales and Northern Ireland, if you own a property with a spouse or civil partner, what happens to it if you die without a will depends on whether you owned the property as 'joint tenants' or 'tenants in common'.
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Joint tenants. Intestacy is bypassed. Ownership passes to your spouse.
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Tenants in common. Your share of the home doesn't automatically pass to your spouse, but they might still inherit depending on the intestacy rules.
In Scotland, if a survivorship clause is listed in the property's title deeds, the home passes to the named survivor automatically. If not, intestacy applies.
If you're single and die without a will, what happens to your estate will be determined by the rules of intestacy.
How intestacy works exactly will depend on where the deceased lived:
England or Wales
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If you don't have children. Your estate is shared between your surviving parents. If they're not alive, it's shared between your closest blood relatives (brothers and sisters – or nieces and nephews if they're no longer alive). If you have no surviving blood relatives, your estate will go to the Crown.
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If you have children. Your estate is shared between them (if you've got children who are no longer alive, grandchildren inherit in their place).
Northern Ireland
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If you don't have children. Your estate will be shared between your surviving parents and, if they are not alive, it will be shared between any surviving brothers or sisters. If there are none, your estate will be shared between any surviving grandparents (then surviving aunts and uncles).
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If you have children. Your estate will be shared between them (if you've got children who are no longer alive, grandchildren inherit in their place).
Scotland
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If you don't have children. Your estate will be shared between any surviving parents and siblings (where siblings have died, their children can inherit in their place). If you've not got any living siblings, your parents will inherit the entire estate. Where there are no surviving parents or siblings, the estate is shared by your closest living relatives.
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If you have children. Your estate will be shared equally between your children (grandchildren can inherit in their place if they're no longer alive).
Use this Gov.uk tool to see how intestacy rules work in more detail.
What happens to my property?
In England, Wales and Northern Ireland, if you own a property, what happens to it if you die without a will depends on whether you owned alone or jointly.
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Own the property alone? The intestacy rules will apply.
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Own jointly as 'joint tenants'? Ownership passes to other joint tenant.
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Own jointly as 'tenants in common'? Intestacy rules apply to your share.
In Scotland, if a survivorship clause is listed in the property's title deeds, the home passes to the named survivor automatically. If not, intestacy applies.
If you're living with a partner but aren't married or in a civil partnership, then writing a will takes on extra importance.
Fail to leave a will – meaning you die 'intestate' and your estate is subject to intestacy rules – and your partner is unlikely to inherit anything. And don't rely on the idea of a 'common law' partner, as this is mostly meaningless in law.
This all applies even if you've been together for years and have kids.
How intestacy works exactly will depend on where the deceased lived:
England or Wales
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If you don't have children. Your estate is shared between your surviving parents. If they're not alive, it's shared between your closest blood relatives (brothers and sisters – or nieces and nephews if they're no longer alive). If you have no surviving blood relatives, your estate will go to the Crown.
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If you have children. Your estate is shared between them (if you've got children who are no longer alive, grandchildren inherit in their place).
Northern Ireland
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If you don't have children. Your estate will be shared between your surviving parents and, if they are not alive, it will be shared between any surviving brothers or sisters. If there are none, your estate will be shared between any surviving grandparents (then surviving aunts and uncles).
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If you have children. Your estate will be shared between them (if you've got children who are no longer alive, grandchildren inherit in their place).
Scotland
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If you don't have children. Your estate will be shared between any surviving parents and siblings (where siblings have died, their children can inherit in their place). If you've not got any living siblings, your parents will inherit the entire estate. Where there are no surviving parents or siblings, the estate is shared by your closest living relatives.
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If you have children. Your estate will be shared equally between your children (grandchildren can inherit in their place if they're no longer alive).
Use this Gov.uk tool to see how intestacy rules work in more detail.
What happens to my property?
In England, Wales and Northern Ireland, if you own a property with your cohabiting partner, what happens to it if you die without a will depends on whether you owned the property as 'joint tenants' or 'tenants in common'.
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Joint tenants. Intestacy is bypassed. Ownership passes to your partner.
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Tenants in common. Your share of the home doesn't automatically pass to your partner, but they might still inherit depending on the intestacy rules.
In Scotland, if a survivorship clause is listed in the property's title deeds, the home passes to the named survivor automatically. If not, intestacy applies.
Many people mistakenly believe that being married or civil partnered means their spouse will automatically inherit their entire asset even without a will.
To some extent, marriage or a civil partnership does guarantee your spouse will inherit if you die without a will – but there might be a cap on what they get. Particularly if you've a large estate, dying without a will can mean part of your estate being inherited by children and grandchildren, not just your spouse.
So even if you're married and plan to leave everything to a spouse, sort a will.
Without a will, the process of your spouse inheriting your estate will also be more costly, time-consuming and stressful – a will makes this far easier.
If you live with your partner but aren't married or in a civil partnership, you may want to consider drawing up a 'cohabitation agreement' in addition to writing a will. While a will determines what happens to your assets once you die, a cohabitation agreement spells out what happens if your relationship ends.
Married and civil-partnered couples have certain legal protection, but this doesn't extend to cohabiting couples – even if you've kids together. In fact, there are only limited rights for cohabiting partners.
Unlike married couples, if you split up there is usually no legal obligation to pool your assets and divide them. If it's in your name, you own it. The rules are complex though, and things vary subtly across the UK nations:
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England and Wales: If your home is in your partner's name, you could claim 'beneficial interest' if you've paid towards the mortgage, upkeep, etc.
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Scotland: You may be able to claim some assets if you've been left worse off as a result of the relationship. For example, if you were persuaded to give up work by your partner, sell your property and move in.
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Northern Ireland: If the home belongs to your partner, you are entitled to receive back any money you can prove you've paid – such as mortgage contributions – providing there is enough equity in the property.
But if you've got a cohabitation contract, it can spell out what each partner is entitled to if you split up, avoiding complications and further heartache.
Agreements are strongest if both partners have sought legal advice and not signed under duress. There are also online templates which, as long as you've got a reasonable agreement, can be helpful (and cheaper than legal advice).
Such a set-up can also provide protection from financial abuse. For more information on what financial abuse is and how it works, see Martin's blog.
If you die, responsibility for your children automatically goes to anyone else with 'parental responsibility'. While mothers automatically have this, with fathers it can be more complicated – see the table below:
SITUATION | RESPONSIBILITY |
Father married to mother when child born | Has parental responsibility (2) |
Father not married to mother when child born but named on birth certificate | Has parental responsibility |
Father any other scenario (not married to mother when child born nor named on birth certificate, etc) | Does not automatically have parental responsibility |
(1) Applies to Eng, Wal. See Gov.uk for Sco, NI, same-sex relationships and adoption.
(2) Still applies even if mother and father later divorce.
Father should see Gov.uk for help claiming parental responsibility.
People with dependent children should use a will to name a guardian for them and allocate funds for their financial support growing up (though another signed and witnessed written document will suffice).
Anyone can be appointed a guardian, as long as they're 18+ and prepared to take on the responsibility – so you don't have to choose a family member. A guardian will have a legal duty towards the child and be responsible for their education, upbringing, safety and care until the child reaches the age of 18.
If you die without a will and nobody else has parental responsibility, it'll be up to the courts to decide who takes care of your children.
More than half of UK adults (54%) don't have guardianship arrangements in place for their children, according to Will Aid.
It's a myth that debts die with you. While true to an extent, it's more complex.
Credit card, loan and mortgage balances come out of your estate before your beneficiaries get the money. If you've no assets, the debts will be written off.
Here are three simple examples to help explain it:
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£100,000 debts, no assets. You've nothing to leave. The debts are wiped.
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£40,000 debts, own a £200,000 home. Debts need to be repaid or cleared by the estate before the home can be passed on to beneficiaries.
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£120,000 debts, own a £100,000 home. Debts need clearing first. Your beneficiary could repay and keep hold of the home, but this means taking on the extra debt. Or they could sell the home and repay from the sale.
For further details on how debts are treated, see Gov.uk.
You can, but it's not the same sort of will. Everyone should consider having something which says who should look after their finances if they become unable to do it themselves due to dementia, mental illness or something else.
A living will / advance decision specifies the level of medical treatment you'll receive if you're incapacitated and can't communicate. For example, you can specify not to be resuscitated if your heart stops. This is legally binding.
Another option, for example if you are in the early stages of a degenerative disease, is to set up a lasting Power of Attorney. There are two types – one for your health, one for your financial affairs. You can make one type or both.
If you've no living will or lasting Power of Attorney and you become incapacitated, responsibility for your estate will pass to the Government. If you've nothing in place, your family will need to apply for a court order – which can take months to process – to get back in control of your estate.
You can read more about this in our Power of Attorney guide.
You can't casually amend your will after it's been signed and witnessed. If you want to change it in future, you'll have two options:
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Fill in a codicil.
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Write a brand new will.
Codicils should only be used for minor changes or updates to your will. A codicil document needs to be signed, witnessed and kept with your will.
If the changes are major, you should write a brand new will. It should state it revokes all previous versions of your will. Then destroy copies of the old will.
If you use a solicitor to add a codicil, you'll have to pay legal fees – though these will be cheaper than for a new will. With will-writing services, they tend to levy a small annual fee if you want the ability to add a codicil to your will.
Thinking about how to provide for a loved one with a learning disability after your death often requires careful thought.
Depending on their intellectual and social functioning capability, using a will to leave a loved one money and assets may not be the best solution.
Rather, you may prefer to set up a 'trust' alongside your will. Here, one or more 'trustees' are given legal responsibility for managing money / assets left behind for the trust's beneficiaries (like somebody with a learning disability).
You can also write an 'expression of wishes' form. This can be used to tell the trustees how you'd like your money and assets to be used and how you'd prefer your loved one to be looked after (though this isn't legally binding).
To complicate matters further, trusts come in different forms. Each can have tax implications, plus they can impact your loved one's entitlement to benefits.
You may want to discuss your situation with an expert. A good place to start is the learning disability charity Mencap – it's got free resources, including:
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A useful factsheet with more on how trusts work and how to set one up.
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Telephone, email and webinar support. See Mencap wills and trusts page.
Alternatively, seek legal advice via the Law Society's Find a Solicitor tool.
If using a will-writing service or DIYing your will, there'll likely be a clause in the terms and conditions which concerns 'liability'. This limits – or rules out – how much compensation a firm will pay out if something goes with the will.
With will-writing services, it's more likely liability will be limited than excluded. For example, Farewill caps the amount it'll pay in compensation at £1,000.
With DIY services, liability is likely to be excluded entirely (so it won't pay out).
Bear this in mind if considering a will-writing service, particularly one that's not part of a professional or trade body (which tend to have compensation pots).
While these options can offer cheap ways of writing your will, it can be very costly if something goes wrong, such as a will being contested. Losses arising from an incorrectly drafted could be £1,000s, £10,000s or even £100,000s.
You may be able to change someone's will after they've died, though only if any beneficiaries left worse off by the change agree to it.
Reasons for changing a will include reducing the amount of Inheritance Tax or Capital Gains Tax due and adding a beneficiary originally left out of the will.
To do this a 'deed of variation' needs to be written within two years of death.
More information about changing a will after death can be found on Gov.uk.
If someone dies with no will or known family, their property passes to the Crown as ownerless property ('bona vacantia' in legalese).
The Government has a list of these unclaimed estates. If you're a relative of someone whose estate is unclaimed, you may be entitled to a share.
For more information about making a claim on an estate, see Gov.uk.
If you've got a spouse or partner, one option is to draw up 'mirror' wills. A mirror will is the most common form of will for a couple.
Here, while you both get your own will, the two wills 'mirror' each other. In other words, they express near identical wishes.
This might be suitable if you've simple circumstances and very similar wishes. For example, you and your partner want to leave everything to the other, then to pass it all to the children you share together once you're both dead.
But if your and your partner's wishes vary, a mirror will may not be appropriate.
Are there any risks to having a mirror will?
One risk of drawing up mirror wills is that it's possible to update and replace a will. So after you die there's nothing stopping your partner from changing their will – and if they do there's no guarantee it'll reflect your original joint wishes.
A possible consequence is your beneficiaries being written out of a new will.
Let's say you and your partner have children from previous relationships. Even if you use mirror wills to state everything should pass equally between all your children after you've both died, it's possible for your partner to write your children (their stepchildren) out of a new will after you've died.
If you've got children from past relationships and you're not sure how best to look after them in your will, it's worth seeking legal advice.
A 'mutual' will is one option for couples and spouses, though most opt for mirror wills or individual wills instead.
A mutual will is an agreement between two people which becomes legally binding for the remainder of their lives, meaning it can't be deviated from even after the first death (regardless of what happens to the survivor afterwards).
Let's say you use a mutual will to leave everything to each other, with it all then passing to your children. If your spouse finds a new partner or remarries after you die, they would still be bound by the original mutual will – so even if they later wrote a new will, this would still need to honour the mutual will.
Because of this inflexibility, solicitors don't tend to recommend mutual wills.
Generally, a will written in England or Wales will be recognised in Scotland, and a will written in Scotland will be recognised in England or Wales.
But the will must first be considered valid in the country it was written (and the definition of valid varies between England/Wales and Scotland).
Furthermore, as there are different legal rights in Scotland when it comes to wills and inheritance than in England and Wales, this can impact how far the wishes in your will can be carried out (for example, you can't completely disinherit children in Scotland, but can in England and Wales).
So if you permanently move between England/Wales and Scotland and you've an existing will, it's worth seeking legal advice to check it's still effective.
If major life changes have happened since you wrote the will (divorce, kids, marriage, etc), it's worth writing a new will in your current country of residence.
You can absolutely provide for your pets in your will. However, there are different ways to do this, so you need to think about which option is best.
Importantly, do note you can't leave part or all of your estate directly to a pet, so you can't use your will to say 'I leave £10,000 to Bert my Bichon Frise'. This is because pets are treated as 'chattel' or property in UK law.
Yet there are other ways to use a will to ensure your pets are cared for:
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Choose a pet guardian. You can use your will to nominate a pet guardian (somebody to look after your pet after you die), such as a loved one or an animal charity. It's sensible to get their permission before nominating them.
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Leave money for your pet's care. If you've used your will to nominate a pet guardian (and even if you haven't), you can also use your will to leave them money that should specifically be used for the care of your pet.
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Create a 'pet trust'. Trusts can be set up so there's a specific pot of cash for the long-term care of your pet, including instructions of how your pet should be cared for. Trusts can be part of your will, or separate to it.
If you have a will but don't include provisions in it for your pet, when you die your pet will pass to the beneficiaries named in your will (so if you're leaving all of your estate to your kids, your pet will also pass to your kids).
Not got a will? The rules of intestacy will determine what happens to your pet.
What are the 'intestacy' rules?
MARRIED and no will – what happens when I die?
SINGLE and no will – what happens when I die?
COHABITING and no will – what happens when I die?
Is being married enough for my spouse to inherit?
What is a 'cohabitation agreement'?
Who looks after my children if I die?
Do debts die with you?
Can I leave a will in case I become incapacitated?
What if I want to update my will in future?
Leaving money to someone with a learning disability?
What does 'limited liability' mean when writing a will?
Can I change someone's will after they've died?
What if someone's estate has gone to the Crown?
What is a 'mirror' will?
What is a 'mutual' will?
Is a will written in England valid in Scotland?
Can I provide for my pets in my will?
Need more inheritance / estate planning help?
Inheritance Tax. Are you one of the few who'll pay it?
Ways to reduce Inheritance Tax. Learn how 'gifting' works.
Inheriting a pension. Many pensions can be passed on.
Power of Attorney. In case you lose mental capacity.














