What Should a Will Include?
A valid will is more than a signature on a piece of paper. Here is exactly what yours needs to contain – and what most people forget to put in.
The legal requirements for a valid will
A will is a legal document, and the law is unforgiving about its formal requirements. Under the Wills Act 1837 (which still governs English and Welsh law), a will is only valid if:
- You are aged 18 or over (with a narrow exception for armed forces personnel on active service)
- You have testamentary capacity — meaning you understand what you own, who your natural heirs are, and the effect of making the will, with no mental impairment affecting your judgment
- You have testamentary intention — you genuinely intend the document to be your will
- The will is in writing (handwritten or typed — both are valid)
- You sign it in the presence of two independent witnesses who are both present at the same time
- Both witnesses sign in your presence
- Neither witness (nor their spouse or civil partner) can be a beneficiary — if they are, the gift to them fails, though the will itself remains valid
Appointing executors
Your executors are the people legally responsible for administering your estate after you die. They apply for probate (the legal authority to deal with your assets), collect in everything you own, pay your debts and taxes, and distribute what remains to your beneficiaries.
Choosing the right executor is one of the most important decisions you make in your will.
How many executors should you appoint?
You can appoint up to four executors. Most people appoint two — so that if one dies or is unable to act, the other can still proceed. It is sensible to also name a substitute executor in case your primary choices are unable or unwilling to act when the time comes.
Who can be an executor?
Any adult with mental capacity can act as executor. Common choices include:
- A spouse or civil partner
- An adult child
- A trusted friend
- A solicitor or professional adviser (who will charge fees from the estate)
Professional executors: If your estate is complex — significant assets, overseas property, a business, or a trust — appointing a professional executor or co-executor alongside a family member is worth considering. The professional brings expertise; the family member brings knowledge of your wishes and personal circumstances.
Appointing guardians for children
If you have children under 18, appointing a guardian in your will is arguably the most important thing you can do. Without a named guardian, the courts decide who cares for your children — a process that is distressing, slow, and may not produce the outcome you would have chosen.
What does a guardian do?
A testamentary guardian has parental responsibility for your children after both parents have died. They make decisions about where the children live, their education, healthcare, and upbringing.
Key considerations
- Discuss the role with your chosen guardian before naming them — do not assume
- Consider naming a substitute guardian in case your first choice cannot act
- Geographic practicality matters: a guardian who lives 300 miles away may need to move, or your children may need to
- If you have children from a previous relationship, guardianship can become complex where the other parent survives — take professional advice
A guardian appointment in your will does not automatically give the guardian control of your children’s money. Financial management of assets held for minor children is the executor’s role, or a trustee’s if you have set up a trust. Separating these roles is often wise.
Specific gifts and bequests
A specific gift (or legacy) is a named item or sum of money left to a named person or organisation.
Types of gift
- Pecuniary legacy — a fixed sum of money (e.g. “£5,000 to my nephew James”)
- Specific legacy — a particular item (e.g. “my diamond ring to my daughter Sarah”)
- Demonstrative legacy — a sum from a specific source (e.g. “£10,000 from my Barclays account”)
- Charitable legacy — a gift to a charity, which also has IHT advantages (see Guide 2)
Practical tips for specific gifts
- Describe items precisely — “my car” is ambiguous if you own two
- Include a substitute beneficiary in case your primary choice dies before you
- Be aware that if you no longer own an item when you die (having sold it, given it away, or it was destroyed), the gift simply fails — the beneficiary receives nothing. This is called ademption
- For cash legacies, consider whether you want them to be index-linked to maintain value
The residuary estate
After all specific gifts have been made, debts and taxes paid, and funeral expenses met, what remains is your residuary estate. Your will should clearly state who receives this — typically a spouse, civil partner, children, or a combination.
A well-drafted residuary clause includes:
- Who receives the residue (primary beneficiary or beneficiaries)
- In what shares if there are multiple beneficiaries
- What happens if a beneficiary dies before you (substitution)
- What happens if all beneficiaries predecease you (ultimate gifts)
Trusts within a will
A will trust (or testamentary trust) comes into existence on your death and is managed by trustees for the benefit of your chosen beneficiaries.
When are will trusts useful?
- Minor children: Assets cannot be passed directly to children under 18. A trust holds the assets until they reach the specified age
- Vulnerable beneficiaries: A disabled adult child or a beneficiary with addiction issues may benefit from a discretionary trust rather than an outright gift
- Protecting assets from a second marriage: A life interest trust allows your spouse to benefit during their lifetime while ensuring the remainder passes to your children on the second death
- IHT planning: Certain trust structures can be effective in reducing the inheritance tax burden on your estate (see Guide 2)
- Business succession: Relevant property trusts and other structures for business owners (see Guide 3)
Trustees can be the same people as your executors, but the roles are legally distinct.
Funeral wishes
Your will can express your wishes about your funeral — burial or cremation, religious or secular service, organ donation, and so on.
Digital assets and online accounts
This is one of the most commonly overlooked areas of modern will-drafting.
Your digital estate may include:
- Online bank and investment accounts
- Cryptocurrency and digital wallets
- PayPal and online payment accounts
- Intellectual property stored digitally (photographs, written work, music)
- Social media accounts (Facebook’s Memorialisation, for example)
- Subscription services
- Domain names and websites
- Loyalty points and air miles (check whether these are transferable — many are not)
What to include in your will
- A reference to a secure record of your digital assets (not the passwords themselves — keep those separately and securely)
- An instruction to your executors on how to handle each type of digital asset
- A note about any cryptocurrency, including where private keys are held (lost crypto cannot be recovered)
Pets
Pets are legally classified as property, and you can leave them to a named person in your will. However, consider:
- Has the intended recipient agreed to take the pet?
- Can they afford the ongoing costs (especially relevant for horses, large dogs, or exotic animals)?
- What happens if the named person cannot take the pet?
- Some people leave a sum of money alongside the pet to cover care costs
What happens if you leave something out?
If your will does not address a particular asset, that asset passes under the rules of intestacy — regardless of what you may have intended. The intestacy rules distribute your estate in a fixed order: spouse/civil partner, then children, then other relatives — and they take no account of your personal wishes, your relationships, or your tax position.
Unmarried partners receive nothing under intestacy — a fact that shocks many people when they discover it. A cohabiting partner of 30 years has no automatic right to your estate if you die without a valid will.
How often should you update your will?
You should review your will whenever any of the following occurs:
- Marriage or civil partnership — in England and Wales, marriage automatically revokes an existing will unless it was made specifically in contemplation of that marriage
- Divorce — gifts to an ex-spouse and appointments of them as executor are automatically revoked, but the rest of the will stands
- Birth of a child or grandchild
- Death of a beneficiary or executor
- Significant change in your assets (property purchase, sale of a business, receiving an inheritance)
- Change in your wishes
- Change in tax law — particularly IHT thresholds and reliefs, which are subject to Budget changes
As a general rule, review your will every three to five years even if nothing has obviously changed.
Frequently asked questions
Does a will need to be witnessed by a solicitor?
No. A will does not need to be witnessed by a solicitor. It requires two independent adult witnesses who are present at the same time when you sign. However, a solicitor-drafted will does reduce the risk of errors that could invalidate the document or cause disputes later.
Can I write my own will by hand?
Yes. A handwritten (holographic) will is valid in England and Wales provided it meets all the formal requirements under the Wills Act 1837, including being signed and witnessed correctly. However, home-made wills are a significant source of probate disputes and errors.
What is a Letter of Wishes and do I need one?
A Letter of Wishes is an informal document that sits alongside your will. Unlike the will, it is not legally binding, but it gives your executors and trustees guidance on matters such as how you would like discretionary trust funds used, your funeral preferences, or the reasoning behind your decisions. It is much easier to update than a will.
Can I leave money to a charity in my will?
Yes, and doing so can reduce your IHT liability. If you leave at least 10% of your net estate to charity, the IHT rate on the remainder of your estate reduces from 40% to 36%. See our Guide to Inheritance Tax for full details.
What happens to my will if I move abroad?
Your will remains valid but may need to be reviewed in light of the law of the country you move to, any assets you hold overseas, and your domicile status for UK IHT purposes. See our Guide to UK Wills with Overseas Assets.
Can I disinherit my children?
In England and Wales (unlike some other legal systems), there is no absolute right for children to inherit. However, adult children, step-children, and others who were financially dependent on you can apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from your estate. You cannot simply disinherit a dependent child without risk of a claim.