Writing a Will: A Complete Guide
Creating a will is one of the most important steps you can take to ensure your wishes are honoured after you pass away. Yet, despite its importance, many people delay the process — either because they assume it's only for the elderly, or because the idea of dealing with legal documents feels daunting.
At Ash Hill Solicitors, we understand that writing a will is about more than just ticking a legal box - it’s also about peace of mind, both for you and your loved ones. In this guide, we’ll walk you through what a will is, when and how to write one, the legal requirements you need to know, and common pitfalls to avoid. Whether you’re getting your affairs in order for the first time or revisiting an existing document, this guide is here to help.
What Is a Will and Why Do You Need One?
A will is a legal document that sets out how you would like your estate to be distributed after your death. Your estate includes everything you own — property, money, possessions, and even digital assets.
But a will is about more than just dividing up assets. It allows you to appoint executors (those you trust to carry out your wishes), nominate guardians for any minor children, and leave specific gifts to individuals or charities. Without a valid will in place, your estate will be distributed under the England and Wales rules of intestacy, which may not align with your wishes.
In short: if you want to control who inherits what, appoint trusted individuals to manage things, and make life easier for your loved ones during a difficult time — you need a will.
When Should You Write a Will?
There’s no “perfect age” to write a will. The right time is when you have something — or someone — worth protecting.
Many people write their first will when buying property, getting married, having children, or starting to build wealth. Others wait far too long. The truth is, if you’re over 18 and have any assets (or responsibilities), writing a will should be on your radar.
And it's not a one-time event. You should review and possibly revise your will after major life changes — marriage, divorce, births, deaths, or significant financial shifts.
Things to Consider Before Writing a Will
Before putting pen to paper (or instructing a solicitor), take time to think through the key elements of your estate and intentions.
Start by considering who you want to inherit your assets — and in what proportions. Do you wish to leave any specific gifts to individuals or charities? Are there vulnerable beneficiaries who may require a trust arrangement? You should also think carefully about who you want to act as your executor — the person or people responsible for managing your estate and ensuring your wishes are carried out.
It’s also wise to discuss your plans with those involved, particularly executors or guardians. These conversations can help manage expectations and prevent misunderstandings later on.
How to Write a Will
There are several ways to write a will. You can do it yourself using a will-writing kit or online service, but it’s important to understand that DIY wills carry risks — particularly if your estate is complex or your wishes are non-standard.
The safest option is to instruct a solicitor who specialises in wills and probate. At Ash Hill Solicitors, we can help you structure your will in a way that is legally sound, tax-efficient, and tailored to your circumstances. We’ll also ensure your will is stored securely and help you update it when your circumstances change.
If you're unsure where to start, don't worry — you don’t need to have everything figured out. A solicitor can guide you through each decision with clarity and care.
Legal Requirements for a Valid Will (England and Wales)
For a will to be legally valid in England and Wales, it must meet the following criteria:
- It must be made voluntarily, without pressure from anyone else.
- The person making the will must be 18 or over and of sound mind.
- It must be in writing.
- It must be signed by the person making the will in the presence of two witnesses.
- The witnesses must also sign the will in the presence of the person making it (but they do not need to read it).
Witnesses must not be beneficiaries, or the spouses of beneficiaries — if they are, any gift to them will fail, even if the rest of the will is valid.
How to Update or Change Your Will
Life changes — and so should your will.
If you’ve moved house, had children, got married or divorced, or changed your mind about who should inherit your estate, it’s time to revisit your will. Even minor updates, like changing your executor, should be documented properly.
Never write directly on an existing will. Instead, you can either create a formal codicil (a legal document that amends your original will) or write a new will that revokes the old one. If your circumstances have changed significantly, it’s usually best to start fresh.
Common Mistakes to Avoid When Writing a Will
Unfortunately, many people don’t realise they’ve made mistakes in their will until it’s too late — and by then, it’s their loved ones who suffer the consequences.
Common pitfalls include:
- Failing to sign the will correctly, rendering it invalid.
- Using vague or contradictory language.
- Leaving out essential details, such as what happens if a beneficiary dies before you.
- Forgetting to update the will after a major life event.
- Not accounting for all your assets — for example, assuming that jointly held property always passes outside of the will (it doesn’t, necessarily).
Even seemingly small errors can lead to delays, disputes, or unintended outcomes, which is why it’s always advisable to get expert help drafting your will to ensure your wishes are carried out as intended.
Final Thoughts
Writing a will is not something to put off indefinitely. It’s one of the most important things you can do to protect your loved ones and make sure your estate is handled in accordance with your wishes.
At Ash Hill Solicitors, our experienced team is here to guide you through the process with clarity, care, and legal precision. We take the time to understand your individual needs and provide bespoke advice to ensure your will is tailored exactly as you intend.
Contact us today for professional, compassionate support in preparing or updating your will. We're here to help — every step of the way.
Author Bio:
Nasreen Akhter is the founding director of Ash Hill Solicitors and an experienced probate solicitor with over 10 years in private client law. She specialises in wills, estate administration, powers of attorney, and inheritance planning. Known for her calm, compassionate approach, she guides clients through sensitive matters with clarity and care.
Nasreen is also a civil and commercial mediator, committed to resolving disputes efficiently and constructively. She is fully accredited and listed on the Solicitors Regulation Authority (SRA) register.
Outside of work, she’s a dedicated mum and chairs Happy Orphans Worldwide, a charity supporting vulnerable children across the globe.
