Can I write my own Will?
If you are asking, 'Can I write my own Will?', the short answer is yes. It is legally possible to write a DIY Will. However, whether it is a good idea depends on your circumstances. This article explains the risks and when you should consider professional help.
What makes a Will legal?
Under UK law, to write a valid Will, you must:
- Be aged 18 or over;
- Have the mental capacity and make it voluntarily;
- Write the document clearly and sign it;
- Have two adult witnesses (over 18) who are not beneficiaries and sign at the same time in your presence.
You can even write a simple Will by hand if these conditions are met. Handwritten or homemade Wills can be legal if executed correctly.
When is DIY acceptable?
Writing your own Will may work if your wishes are very simple. For example:
- You are married or in a civil partnership and plan to leave everything to your partner;
- If they die before you, you will leave everything to your children.
Simple estates may suit DIY Wills if you follow a reliable template.
Risks of writing your own Will
There are potential pitfalls, as a poorly drafted Will could be invalid or unclear. Common issues include:
- Warnings from law firms link DIY Wills to increased probate disputes.
- Templates may lack clauses for substitute beneficiaries, Trusts for minor children, or estate taxation.
- Minor wording mistakes can cause misinterpretation or fail to distribute all assets, leading to unintended partial intestacy.
If your Will is void due to mistakes, the estate may be distributed under intestacy rules, not as you intended.
When should you get professional help?
It is wise to seek legal advice if your affairs are more than basic. Consider professional Will writing if you:
- Own property or investments abroad;
- Have a complex family structure (stepchildren, unmarried partner, second family);
- Own a business or shares;
- Want to minimise Inheritance Tax;
- Need to set up Trusts or provide for vulnerable beneficiaries.
A Solicitor ensures your Will meets legal standards. If mistakes occur, your loved ones may still have protection through various schemes and insurance.
Tips for DIY Will writing
If you decide to write your own Will regardless, follow these steps for better protection:
- Use a trusted template from a reputable provider.
- Identify beneficiaries with full names.
- Sign and date the document properly in front of both witnesses.
- Ensure your Will states it revokes all previous versions.
- Store your Will safely and inform your Executor(s) where to find it.
Even then, a DIY Will remains risky unless your situation is truly simple and the Will has been created correctly.
Final thoughts
So, can I write my own Will? Yes, you can. But unless your circumstances are straightforward, it is usually safer to get legal advice. A properly drafted Will can prevent disputes, reduce tax bills, and make sure your wishes are carried out. In many cases, paying a little now avoids major problems for your loved ones later.