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UK Will Requirements: Is Your Will Legally Valid?

· 34 min

Note: The following scenario is fictional and used for illustration.

Emma spent £12 on a DIY will kit from a high street shop when she was 42. She carefully filled it out, naming her partner of 15 years as the main beneficiary of her £340,000 estate. She asked her partner and her sister to witness her signature, proud that she'd finally "sorted" her will.

When Emma died unexpectedly three years later, her partner was devastated to discover the will was completely invalid. Because her partner had witnessed the document, he was disqualified from inheriting under Section 15 of the Wills Act 1837. Emma's entire estate passed to her estranged parents under intestacy rules—exactly the outcome she'd tried to prevent. This is why unmarried couples need a will and proper will witnessing is crucial.

Emma's story isn't unique. Caveat applications (formal will challenges) rose to 11,362 in 2024—a 79% increase since 2010. With 122 contested probate cases in 2023 (up from 116 in 2022), ensuring your will meets UK legal requirements has never been more important. A single mistake in witnessing, signing, or mental capacity documentation can render your will worthless, leaving your family with costly legal disputes and your wishes unfulfilled.

This guide explains the exact UK will requirements for a valid will in England and Wales, the most common mistakes that invalidate wills, and how to ensure your will stands up to legal scrutiny. Learn more about how to make a will for a step-by-step process and what makes a will invalid to avoid common mistakes.

Table of Contents

For your will to be legally valid in England and Wales, it must satisfy five specific requirements under Section 9 of the Wills Act 1837. This legislation, originally enacted in 1837, remains the foundation of UK will law today.

All five requirements must be met. Missing even one invalidates the entire will.

Requirement 1: The testator must be at least 18 years old You must be 18 or over to make a valid will in England and Wales. The only exception is for members of the armed forces on active service, who can make a will at any age under what's known as "privileged wills" provisions.

Requirement 2: The will must be in writing Your will must be in a written form—either typed or handwritten. Verbal wills (known as nuncupative wills) are not valid in the UK, except in very limited circumstances for military personnel on active duty. Video or audio recordings of your wishes do not constitute a valid will.

Requirement 3: The testator must have testamentary capacity You must be of sound mind when making your will. This means you understand what a will is, what property you own, who might reasonably expect to inherit, and that you're making these decisions free from any disorder of the mind that affects your judgment. The legal test for this is called the Banks v Goodfellow test, which we'll explore in detail below.

Requirement 4: The testator must sign the will voluntarily Your signature must be made freely, without coercion, pressure, or undue influence from anyone else. If someone forces you to make a will or manipulates you into changing it, the will can be challenged and declared invalid.

Requirement 5: The will must be properly witnessed Your will must be signed by two independent witnesses who are both present at the same time and who watch you sign (or acknowledge your signature). Both witnesses must then sign the will in your presence. Critically, witnesses must not be beneficiaries or married to beneficiaries. This is crucial—if a witness is a beneficiary, the gift to that beneficiary becomes void.

Quick Reference: The 5 Requirements

  • Testator aged 18+ (or armed forces on active service)
  • Will is in writing (typed or handwritten)
  • Testator has testamentary capacity (sound mind)
  • Testator signs voluntarily (no coercion or undue influence)
  • Two independent witnesses present together, both sign in testator's presence

The Wills Act 1837 has remained largely unchanged for nearly 200 years. While the Law Commission published recommendations in May 2025 to modernize these requirements—including allowing electronic wills and reducing the minimum age to 16—these are proposals only. They require parliamentary approval and are not yet law.

Understanding Testamentary Capacity: The Banks v Goodfellow Test

Testamentary capacity refers to the mental ability required to make a valid will. It's one of the most frequently challenged requirements, particularly when the testator was elderly or unwell when making their will.

The legal test for testamentary capacity comes from Banks v Goodfellow (1870), a landmark case that remains the definitive standard today. To have testamentary capacity, you must meet all four stages of this test.

The Four-Stage Banks v Goodfellow Test

  1. Understand the nature and effect of making a will You must comprehend that you're creating a legal document that will distribute your property after your death. You need to understand that the will determines who inherits and that it can be changed or revoked during your lifetime.

  2. Understand the extent of your property You must have a general understanding of what you own and its approximate value. You don't need to know every detail or exact amounts, but you should grasp the nature and extent of your estate—whether that's your home, savings, investments, or other assets.

  3. Comprehend and appreciate the claims others might have on your estate You must be able to understand who might reasonably expect to benefit from your will. This includes close family members, dependents, or anyone to whom you have a moral obligation. You need to be capable of evaluating these claims, even if you ultimately decide not to provide for certain people.

  4. Have no disorder of mind that perverts your judgment Mental illness or cognitive impairment alone doesn't automatically invalidate capacity. What matters is whether any condition you have affects your decision-making about your will. For example, someone with depression might still have full testamentary capacity, while someone with dementia experiencing delusions might not.

James, 71, made a will two weeks before he died from cancer. His daughter from his first marriage challenged the will, claiming he lacked capacity because he was on strong pain medication and "wasn't himself." The will was upheld because medical evidence showed James understood what he was doing, knew he had a house worth £400,000 and savings of £80,000, and consciously chose to leave everything to his second wife rather than his daughter—a decision he'd discussed with his solicitor coherently and rationally.

The Golden Rule for elderly or ill testators If you're elderly or seriously ill when making your will, solicitors follow what's known as the "Golden Rule" from Kenward v Adams. This means getting a medical practitioner—typically your GP—to assess and document your testamentary capacity at the time you make your will.

This contemporaneous evidence becomes crucial if someone later challenges your will. Without it, the challenge may succeed even if you did have capacity, simply because there's no proof.

Important note about capacity assessment Determining testamentary capacity is a legal and medical assessment. If you have any concerns about your capacity or are making a will while dealing with illness or cognitive changes, consult a solicitor and consider getting medical assessment. This article explains the test but does not constitute professional assessment of capacity.

While the Law Commission has recommended aligning the test with the Mental Capacity Act 2005, this is not yet law. The Banks v Goodfellow test from 1870 remains the current legal standard.

The Witness Requirements That Invalidate Most DIY Wills

Witnessing errors are the single most common reason DIY wills fail. The rules seem straightforward, but the consequences of getting them wrong are devastating.

The exact legal requirement Section 9 of the Wills Act 1837 requires that your signature must be "made or acknowledged by the testator in the presence of two or more witnesses present at the same time." Each witness must then sign the will "in the presence of the testator."

This means:

  • You need exactly two witnesses (you can have more, but two is the minimum)
  • Both witnesses must be present at the same time, in the same room with you
  • Both witnesses must watch you sign, or watch you acknowledge a signature you made earlier
  • After you sign, both witnesses must sign while you're still present
  • Both witnesses must be at least 18 years old

The Section 15 trap: when witnesses are beneficiaries This is where most DIY wills go catastrophically wrong. Section 15 of the Wills Act 1837 states that if a beneficiary or their spouse/civil partner witnesses your will, that beneficiary's gift becomes completely void.

The rest of the will remains valid. But the beneficiary who witnessed—or whose spouse witnessed—loses everything they were meant to inherit.

Margaret, 68, wrote her own will leaving her £500,000 estate equally between her two adult children, Daniel and Sophie. When she signed it, she asked Daniel and his wife Emily to witness her signature. They watched her sign and added their signatures, exactly as required.

When Margaret died, Daniel discovered he'd lost his entire £250,000 inheritance because Emily was his spouse. Even though Emily herself wasn't a beneficiary, the fact that she was married to a beneficiary meant Daniel's gift was void under Section 15. Sophie inherited the entire estate. Daniel received nothing.

Who can't witness your will:

  • Anyone named as a beneficiary in your will
  • The spouse or civil partner of any beneficiary
  • Anyone under 18 years old
  • Anyone who cannot see (they must witness you signing, which requires sight)

Who can witness your will:

  • Friends who aren't beneficiaries
  • Neighbors
  • Colleagues
  • Your solicitor or their staff (if using a solicitor)
  • Adult children who aren't beneficiaries in your will

Common witnessing mistakes and consequences:

Mistake Consequence
Witness is a beneficiary That beneficiary's gift becomes void; they inherit nothing
Witness's spouse is a beneficiary That beneficiary's gift becomes void; they inherit nothing
Only one witness signs Entire will is invalid; estate distributed under intestacy
Witnesses not present at same time Entire will is invalid; estate distributed under intestacy
Witness under 18 years old Will may be invalid; depends on circumstances
Testator doesn't sign in witnesses' presence Entire will is invalid unless signature is acknowledged
Witnesses don't sign in testator's presence Entire will is invalid
Witnesses can't see the signing Will may be invalid if challenge succeeds

The clear view requirement All parties must have a clear line of sight to each other and to the document being signed. If you're in different rooms, or if something blocks the view, the witnessing may be invalid. This came up during COVID-19 when temporary regulations allowed witnessing through windows or via video call, but those provisions ended on January 31, 2024. Virtual witnessing is no longer valid.

Why WUHLD's system prevents these mistakes When you create your will with WUHLD, you receive a Witness Guide that clearly explains who can and cannot witness your will. The system doesn't allow you to proceed without understanding these critical rules. Your will includes a proper attestation clause (the statement above the witness signatures) that confirms witnessing was done correctly—crucial evidence if your will is ever challenged.

Signing your will seems simple, but the technical requirements are precise. Getting this wrong invalidates the entire document.

What counts as a signature Your signature can be:

  • Your full name in your usual signature style
  • Your initials only (though full signature is better)
  • A mark (such as an X) if you're physically unable to write
  • Someone else's signature made at your direction and in your presence (if you cannot sign yourself)

If someone else signs on your behalf because you're physically unable, that person must not be one of the witnesses. You need the person who signs for you plus two separate witnesses.

Where to sign You must sign at the end of your will, after all the provisions stating who inherits what. If you sign in the middle or at the top of the document, or if there's text after your signature, this can cause serious problems.

Modern will templates include a signature block positioned exactly where your signature should go, followed immediately by the attestation clause and witness signatures. This ensures correct placement.

The signing sequence The exact order matters:

  1. You sign the will (or acknowledge your signature if you signed earlier) while both witnesses watch
  2. Both witnesses sign in your presence (they don't need to watch each other sign, only sign while you're present)

If the sequence is wrong—for example, if witnesses sign before you, or if you leave the room before they sign—the will may be invalid.

The attestation clause This is the statement above the witness signatures that says something like: "Signed by the testator in our presence, and then by us in the testator's presence."

The attestation clause isn't legally required for validity, but it creates a presumption that the will was properly executed. Without it, someone challenging your will can argue that witnessing wasn't done correctly, and your witnesses may need to give evidence about what happened—which becomes impossible if they've died or can't remember details years later.

Alterations after signing Once your will is signed and witnessed, you cannot make handwritten changes to it. Crossing out names, adding beneficiaries, or changing amounts after execution invalidates those alterations.

If you want to change your will after it's signed, you have two options:

  • Make a codicil (a formal amendment document that must be signed and witnessed like a will)
  • Create a new will that revokes the previous one (the safer option)

Sarah made her will in 2018 leaving her house to her daughter. In 2022, after reconciling with her son, she crossed out her daughter's name and wrote her son's name instead, initialing the change. When Sarah died in 2024, the alteration was invalid because it wasn't properly executed. The original gift to her daughter stood, even though Sarah had clearly changed her mind.

WUHLD's built-in compliance When you create a will with WUHLD, the signature blocks are automatically positioned correctly. The attestation clause is included in the proper legal format. You receive a Testator Guide that walks you through the signing process step-by-step, ensuring you follow the correct sequence. This systematic approach eliminates the most common signing errors that invalidate DIY wills.

What Makes a Will Invalid? 8 Common Mistakes

Understanding what invalidates a will helps you avoid these mistakes in your own estate planning. Here are the eight most common reasons wills are declared invalid in the UK.

1. Witness is a beneficiary or their spouse (Section 15 Wills Act 1837) We've covered this in detail above, but it bears repeating because it's so common. If anyone named in your will as a beneficiary—or anyone married to or in a civil partnership with a beneficiary—signs as a witness, that beneficiary loses their inheritance entirely. The will itself remains valid, but that specific gift is void.

2. Improper witnessing Having only one witness instead of two, or having witnesses who weren't both present at the same time, invalidates the entire will. Similarly, if witnesses didn't sign in your presence, or if you didn't sign (or acknowledge your signature) in their presence, the will fails.

3. Not signed correctly An unsigned will is not a will—it's a draft. If your signature is in the wrong place (not at the end of the document), or if it's unclear whether the signature was meant to execute the will, challenges can succeed.

4. Made under duress or undue influence If you were coerced, manipulated, or pressured into making your will or including specific provisions, the will (or those provisions) can be set aside. This is particularly common where vulnerable elderly people are influenced by one family member to exclude others.

Undue influence means more than gentle persuasion. It requires proof that your free will was overcome—that you made decisions you wouldn't have made but for the pressure applied.

5. Testator lacked mental capacity If you didn't meet the four-stage Banks v Goodfellow test when you made your will—because of dementia, mental illness, medication effects, or any other reason—the will can be declared invalid. The key is whether you understood what you were doing at the time of signing.

6. Alterations made after signing Crossing out sections, adding handwritten notes, or making changes to a signed will doesn't change your will—it just creates evidence that you wanted to change it but didn't do so properly. These alterations are typically invalid, and the original wording stands.

7. Beneficiary or their spouse drafted the will (suspicious circumstances) This doesn't automatically invalidate a will, but it creates a presumption of undue influence that must be rebutted. If your adult child who stands to inherit your entire estate also drafted your will, the court will scrutinize whether you acted freely.

8. Forgery or fraud If someone forges your signature, creates a fake will after your death, or fraudulently alters your will, it's invalid. While outright forgery is relatively rare, it does happen, particularly in families with large estates and strained relationships.

The statistics tell the story Contested probate cases reached 122 in 2023, up from 116 in 2022 and rising steadily year on year. Meanwhile, caveat applications hit 11,362 in 2024—a 79% increase since 2010.

A caveat is a formal notice that blocks probate from being granted while someone investigates whether the will is valid. The dramatic rise in caveats shows more families are questioning will validity, often because of witnessing errors, capacity concerns, or suspicions of undue influence.

Each of these common mistakes traces back to one of the five essential requirements. Most are entirely preventable with proper guidance and professional templates.

The Dangers of Homemade and DIY Wills

Let's be clear: DIY wills can be legally valid if you meet all the requirements discussed above. The law doesn't require you to use a solicitor or professional service.

But the problem isn't whether DIY wills can be valid—it's that without professional oversight, critical mistakes often go undetected until after death, when it's too late to fix them.

Why DIY wills fail Generic DIY will kits provide a template and basic instructions, but they don't offer:

  • Personalized guidance on your specific situation
  • Warnings about witness requirements specific to your beneficiaries
  • Verification that your will actually does what you intend
  • Professional review to catch errors before they become permanent

Rachel, 39, downloaded a will template online and carefully filled it out, leaving her £280,000 estate to her partner Tom and naming her parents as backup beneficiaries. She asked her friend Katie and Katie's husband Mark to witness her signature.

Two years later, Rachel and Tom married. The marriage automatically revoked Rachel's will under current law, a fact she was completely unaware of. When Rachel died in a car accident at 43, she had no valid will. Because Rachel and Tom had been married only 18 months and had no children, Tom inherited the first £322,000 under intestacy rules—which covered Rachel's entire estate. However, Rachel's parents, whom she'd specifically named in her original will, inherited nothing.

Had Rachel used a will service or solicitor after getting married, she'd have been advised to create a new will or update her existing one to protect her intentions.

Common DIY will problems

  • Spelling mistakes in names that create uncertainty about who inherits
  • Unclear or ambiguous wording that doesn't accurately reflect your intentions
  • No substitute beneficiaries named if your first choice dies before you
  • Executor problems like naming someone who can't act or no backup executor
  • Distribution errors where percentages don't add up to 100% or assets are referenced incorrectly
  • Witnessing failures as discussed extensively above
  • No capacity documentation if later challenged

The cost of mistakes When a will is declared invalid, your estate is distributed under intestacy rules. This means:

  • Unmarried partners inherit nothing (regardless of how long you've been together)
  • Stepchildren inherit nothing (only biological or adopted children inherit)
  • Friends and charities inherit nothing
  • Your carefully considered wishes are completely ignored

Legal disputes over invalid wills cost estates an average of £20,000-£50,000 in solicitor fees, court costs, and professional assessments. These fees are paid from your estate, reducing what your family ultimately receives.

Perhaps worse than the financial cost is the emotional toll. Family members who believed they were provided for discover they inherit nothing. Siblings fight over who should receive what. Relationships fracture under the stress. Your final legacy becomes conflict and hurt rather than security and love.

The statistics are sobering Between 50-56% of UK adults don't have a will at all. Of those who do create wills, many use DIY methods without realizing the risks.

WUHLD: the middle ground WUHLD offers a solution between risky DIY kits and expensive solicitors. For £99.99—compared to £150-£400+ for a solicitor—you get:

  • Guided question-and-answer system that prevents missing critical information
  • Professionally drafted legal templates that meet all UK requirements
  • Built-in checks to prevent witness and beneficiary conflicts
  • Clear instructions provided with your will (Testator Guide and Witness Guide)
  • The ability to preview your complete will free before paying anything

For straightforward estates—which represent about 90% of UK situations—WUHLD provides the guidance and structure that DIY kits lack, at a fraction of solicitor costs.

Can You Check If Your Existing Will Is Valid?

If you already have a will—particularly a DIY will—you can perform a basic self-assessment using this checklist. Answer yes or no to each question.

Self-Assessment Checklist: Is Your Will Valid?

  • Were you 18 or older when you signed it?- ** Is it in writing (typed or handwritten, not audio or video)?- ** Did you have mental capacity when you signed it (understood what you were doing)?- ** Did you sign it voluntarily without pressure or coercion from anyone?- ** Did you sign it at the end of the document, after all the provisions?- ** Were two witnesses present at the same time when you signed it?- ** Did both witnesses watch you sign (or acknowledge your existing signature)?- ** Did both witnesses then sign in your presence?- ** Were both witnesses 18 or older when they signed?- ** Were neither witness a beneficiary named in your will?- ** Were neither witness married to or in a civil partnership with a beneficiary?- ** Have you made any handwritten changes since you signed and witnessed it?** If you answered "no" to any of these questions (except the last one):

Your will may be invalid or partially invalid. The specific problem depends on which requirement wasn't met.

If you answered "yes" to the last question (handwritten changes):

Those changes are likely invalid, and the original wording of your will stands. If the changes are significant, consider making a new will.

If you answered "yes" to all other questions and "no" to the last:

Your will likely meets the basic legal requirements. However, this checklist covers only the formalities. Your will could still be challenged if someone claims you lacked capacity, were unduly influenced, or if the wording doesn't achieve what you intended.

Important limitation This checklist provides general guidance only and does not constitute a legal review of your will. If you have concerns about validity, particularly around capacity or undue influence, consult a solicitor for professional assessment.

Alternatively, if your will is old, uses a DIY kit, or you're simply unsure, creating a new will with WUHLD gives you confidence that all requirements are met. For £99.99, you can replace an uncertain DIY will with a professionally structured one that you can preview free before paying.

What Happens If Your Will Is Declared Invalid?

When a will is successfully challenged and declared invalid, the legal and emotional consequences ripple through your family for years.

The legal process Will challenges typically begin when someone applies for a caveat—a formal notice that blocks probate from being granted. The caveat gives the person who applies (often a family member who wasn't provided for or who suspects problems) time to investigate and potentially challenge the will in court.

If the challenge proceeds, it becomes a probate dispute heard in the High Court or County Court depending on the estate value and complexity. The court examines evidence about capacity, witnessing, undue influence, or whatever ground the challenge is based on.

If the court concludes the will is invalid, it's set aside. Your estate is then distributed according to your previous valid will if you have one, or under intestacy rules if you don't.

Intestacy: what happens when there's no valid will The intestacy rules in England and Wales are set out in the Administration of Estates Act 1925. They follow a strict order:

If you're married or in a civil partnership:

  • Your spouse/civil partner inherits the first £322,000 of your estate (called the statutory legacy), plus half of anything above that amount
  • Your children inherit the other half of anything above £322,000
  • If you have no children, your spouse inherits everything

If you're not married and have no civil partnership:

  • Your children inherit everything in equal shares
  • If you have no children, your parents inherit everything
  • If you have no children or parents, your siblings inherit
  • And so on through more distant relatives

Who gets nothing under intestacy:

  • Unmarried partners, regardless of how long you've been together
  • Stepchildren who aren't legally adopted
  • Friends
  • Charities
  • Anyone else you'd have wanted to provide for

Sarah and Tom lived together for 12 years in Sarah's house, which she'd owned before they met. Sarah's estate was worth £400,000, mostly her house. She'd made a will leaving everything to Tom, witnessed by two friends.

Three years after making her will, Sarah married Tom. The marriage automatically revoked her will under current law. Sarah didn't realize she needed to make a new will after marrying.

When Sarah died in 2024, aged 55, her will was invalid. Tom inherited the first £322,000 under intestacy rules plus half of the remaining £78,000 (£39,000), totaling £361,000. Sarah's adult son from a previous relationship inherited the other £39,000.

Tom was devastated. He'd expected to inherit the house outright and had no idea he'd have to share the estate. Sarah's son, whom she'd deliberately chosen not to include in her original will, inherited £39,000 against her clearly expressed wishes.

Partial invalidity: the witness-beneficiary scenario If only part of your will is invalid—most commonly because a beneficiary witnessed it—that gift becomes void but the rest of the will stands. The void gift typically falls into the residue of your estate (everything left after specific gifts are distributed) and goes to your residuary beneficiary.

If the beneficiary who witnessed was your residuary beneficiary, they lose everything, and the residue passes under intestacy rules to your next of kin.

The financial cost Contested probate disputes cost estates an average of £20,000-£50,000 in legal fees, sometimes much more for complex cases. These costs are paid from your estate before anyone inherits, reducing what your family receives.

Beyond solicitor fees, there are court costs, expert witness fees (such as medical professionals assessing capacity posthumously), and the time cost—contested probate can take one to three years to resolve, during which assets are frozen and your family can't move forward.

The emotional cost The statistics don't capture the heartbreak of family members watching their relationships disintegrate over inheritance disputes. Adult children who've been close for decades stop speaking. Widows face the stress of legal challenges while grieving. Your intended beneficiaries face uncertainty and financial anxiety.

All of this is preventable with a properly executed will.

Understanding the difference between a DIY will kit and a guided online will service like WUHLD helps you make an informed choice about your estate planning.

The problem with DIY kits DIY will kits—whether bought from a high street shop or downloaded online—provide a template and basic instructions. You're responsible for:

  • Filling in all the blanks correctly
  • Understanding legal terminology
  • Ensuring your wording achieves what you intend
  • Knowing which witnesses to choose
  • Understanding the signing sequence
  • Checking that everything is complete and valid

There's no system to catch mistakes, no prompts for information you've missed, and no verification that your will actually works.

The problem with solicitors Using a solicitor to draft your will offers professional expertise and personalized advice. But solicitors are expensive—averaging £150-£400+ depending on complexity—and the process can be intimidating and time-consuming, requiring appointments, document gathering, and multiple exchanges.

For straightforward estates, you're paying for professional time when a systematic guided approach would achieve the same result.

How WUHLD ensures legal compliance WUHLD takes a different approach: a systematic, question-by-question process that guides you through every decision and automatically generates a legally valid will.

Guided question-and-answer format You can't skip critical sections or leave required information blank. The system prompts you for every piece of information needed for a valid will, explaining each choice in plain English as you go.

Built-in safeguards against common mistakes The system won't let you make common errors like naming a beneficiary as your only executor when that would create a conflict, or leaving distributions that don't account for all beneficiaries.

Professional legal templates Your will is generated using templates drafted to meet all UK legal requirements. Section 9 and Section 15 of the Wills Act 1837 are built into the structure—signature blocks in the correct position, attestation clause included automatically, proper legal language throughout.

Clear witnessing instructions included Every WUHLD will comes with a Witness Guide that explains exactly who can and cannot witness your will, what witnesses need to do, and the correct signing sequence. This document eliminates the confusion that leads to witnessing failures in DIY wills.

Complete document package For £99.99, you receive four documents:

  • Your complete, legally binding will (ready to print and sign)
  • A 12-page Testator Guide explaining how to execute your will properly
  • A Witness Guide to give to your witnesses
  • A Complete Asset Inventory document to organize your estate information

Preview free before paying Unlike DIY kits that require payment upfront, WUHLD lets you complete the entire will creation process and preview your finished will before paying anything. This means you can verify everything is correct, check your beneficiaries, review your executors, and ensure your will reflects your wishes—all with zero risk.

No credit card required to start or preview. You only pay £99.99 when you're completely satisfied and want to download your documents.

One-time payment, no subscriptions WUHLD charges £99.99 once. No monthly fees, no subscriptions, no hidden costs. Your will is yours permanently.

When to use a solicitor instead WUHLD is designed for straightforward UK estates, which represents about 90% of situations. You should consult a specialist solicitor if you have:

  • Property or assets in multiple countries
  • Complex trusts or tax planning requirements
  • A business with succession planning needs
  • Complicated family situations requiring specialist advice
  • Significant concerns about potential challenges to your will

Comparison: DIY Kit vs WUHLD vs Solicitor

Feature DIY Kit WUHLD Solicitor
Cost £10-£40 £99.99 £150-£400+
Time to complete 1-3 hours 15 minutes 2-4 weeks
Guided process Basic instructions only Full step-by-step guidance Professional advice
Legal compliance Your responsibility Built into system Professional review
Witness guidance Generic warnings Specific instructions for your will Usually provided
Preview before paying No (pay upfront) Yes (preview free) Varies
Risk of errors High Low Very low
Best for Legal knowledge & confidence Straightforward estates Complex situations

WUHLD offers the systematic guidance and legal structure that DIY kits lack, at a fraction of solicitor costs, with the transparency of previewing your will before paying anything.

Frequently Asked Questions

What are the 5 essential requirements for a valid will in the UK?

A valid will must meet all five requirements: (1) testator must be 18+ years old, (2) will must be in writing, (3) testator must have testamentary capacity (sound mind), (4) testator must sign voluntarily, and (5) will must be witnessed by two independent witnesses present simultaneously.

Can my spouse or partner witness my will?

No, your spouse or partner cannot witness your will if they are a beneficiary. Under Section 15 of the Wills Act 1837, any gift to a witness (or their spouse) is automatically void. Use two independent witnesses who are not beneficiaries and not married to beneficiaries.

What is testamentary capacity and how is it tested?

Testamentary capacity means you understand what a will is, what property you own, who might expect to inherit, and that you're making decisions free from mental disorders. The legal test is called the Banks v Goodfellow test, which requires understanding, memory, and judgment.

Can I make a will if I have dementia or mental health issues?

You can make a will if you have testamentary capacity at the time of making it. If you have dementia or mental health issues, consider getting a medical assessment of your capacity before making or updating your will to protect against future challenges.

Do I need a solicitor to make a valid will?

No, you don't need a solicitor to make a valid will. As long as you meet all five legal requirements, your will is valid regardless of who helped you create it. However, solicitors provide expertise for complex estates, while online services like WUHLD offer guidance for straightforward estates.

What happens if my will is invalid?

If your will is invalid, your estate is distributed either under a previous valid will or, if none exists, under intestacy rules. This means unmarried partners inherit nothing, stepchildren inherit nothing, and your estate goes to people you may not have chosen.

Can I make changes to my will after it's signed?

You cannot make changes to a signed will by writing on it. To make changes, you must either create a new will (recommended) or add a codicil (amendment) that follows the same witnessing requirements as the original will.

How often should I update my will?

Review your will every 3-5 years or after major life changes like marriage, divorce, new children, significant asset changes, or the death of beneficiaries or executors. Regular reviews ensure your will reflects your current wishes and circumstances.

Your Next Steps: Creating a Legally Valid Will

Where you go from here depends on your current situation.

If you don't have a will Start creating one today. Half of UK adults don't have a will, leaving their families vulnerable to intestacy rules that may completely ignore their wishes.

With WUHLD, you can create your complete will in 15 minutes and preview it free before paying anything. No excuse to delay any longer.

If you have a DIY will Review it against the self-assessment checklist in this article. Pay particular attention to your witnesses—were either of them beneficiaries or married to beneficiaries? If yes, those beneficiaries have lost their inheritance.

Even if your DIY will appears to meet the basic requirements, consider creating a new will with WUHLD for peace of mind. For £99.99, you'll have professional structure, proper witnessing instructions, and confidence in validity.

If you're unsure about your will's validity You have two options: consult a solicitor for professional review, or create a new will with WUHLD. For straightforward estates, creating a fresh, guaranteed-valid will is often simpler and cheaper than paying a solicitor to review an existing DIY will.

If your estate is complex Seek specialist legal advice if you have property in multiple countries, complex trusts, business succession needs, or anticipated challenges. WUHLD is designed for straightforward estates; complex situations deserve personalized professional advice.

The cost of not having a valid will Remember what's at stake:

  • Intestacy means unmarried partners inherit nothing
  • Stepchildren inherit nothing
  • Friends and charities inherit nothing
  • Your estate goes to people you may not have chosen
  • Legal disputes average £20,000-£50,000 and take years to resolve
  • Your family faces stress and conflict during an already difficult time

Key takeaways:

  • Verify the 5 requirements: Your will must meet ALL five legal requirements—age 18+, in writing, testamentary capacity, voluntary, and properly witnessed by two independent witnesses present together
  • Check your witnesses: Never ask beneficiaries or their spouses to witness your will; they'll lose their inheritance under Section 15 of the Wills Act 1837
  • Review existing DIY wills: If you created a homemade will, use the checklist in this article to verify it's valid; if any answer is "no," create a new will immediately
  • Document your capacity: If you're elderly or unwell, consider getting medical assessment of your testamentary capacity to protect against future challenges
  • Don't leave it to chance: With contested probate cases rising and caveat applications at record highs, ensuring legal compliance protects your family from costly disputes

Your will is your final act of love and responsibility for the people who matter most. The difference between a valid will and an invalid one isn't complexity—it's attention to critical details that DIY kits never explain.

Creating a legally valid will with WUHLD takes just 15 minutes. Our guided system ensures you meet every legal requirement, with clear witnessing instructions and professional templates. Preview your complete will free before paying anything—no credit card required.

For £99.99, you'll receive:

  • Your complete, legally binding will
  • A 12-page Testator Guide explaining proper execution
  • A Witness Guide with step-by-step instructions for your witnesses
  • A Complete Asset Inventory document

No subscriptions. No hidden fees. Just a legally sound will that protects your family.

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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