How can you write a legally binding will for free?
Wills are generally simple to write in England and Wales, due to our common law system. This means that there are no strict rules about how a will must be written, but they need to be clear, unambiguous and signed and witnessed correctly.
In common law systems, testamentary freedom is the right of a person to dispose of their property by will, as they see fit, subject to a few limitations. This means that a person can choose to leave their property to anyone they want, regardless of their relationship to them.
There are also no forced heirship rules in England and Wales, which require people to leave a certain percentage of their property to their spouse and children. However, your spouse and children may make a claim against your estate if you have the means, but do not leave enough money to support them.
Writing Your Will
You can write your will using a pen and paper, or type it using a computer if you prefer.
To be legally-binding, we recommend that your will includes:
A title: This should state that this document is your ‘Last Will and Testiment’.
A revocation clause: This can simply state that ‘I revoke all previous wills or codicils’.
Your full name: This should be written as it appears on your passport or other government-issued identification.
Your address: This should be your current residential address as of the date when the will is written.
Your spouse: If you are married or in a civil partnership, you should list your partner’s full name.
Your children: If you have any children, you should list their full names.
Your executor: You should include your executor’s full name and their relationship to you. They are responsible for carrying out your wishes after you pass away, and should be someone who is willing and able to take on this role.
Your wishes: This is where you will state how you want your assets to be distributed after your death. You can also make gifts to charities and other organisations. If you make a gift to charity, it’s good to include the charity number.
Your signature and date: Including a statement “Signed by John Smith, to give effect to this Will, on 1st January 2024”
Two witnesses: The witnesses must be over the age of 18 and must not be beneficiaries or closely related to any beneficiary of the will. They must also sign the will in your presence after you have either signed or acknowledged your signature, and must include their full names and addresses.
Additional Considerations
We generally only suggest that people write their own will if their estate is unlikely to go through probate. This can occur if you do not own any properties, and the value of your estate is worth less than the probate threshold at the financial institutions where assets your are held.
Probate thresholds vary greatly from institution to institution, depending on where your assets are held, but typically range between £5,000 and £50,000. As these thresholds are subject to change by the individual institution, it is recommended that you check with the relevant institution.
For example, the probate thresholds for the big four banks in the UK are:
Barclays: £50,000
HSBC: £10,000
Lloyds Bank: £50,000
Natwest: £25,000
However, for other institutions such as NS&I, the probate threshold is £5,000. This means any estate which includes premium bonds worth over £5,000 will need to go through probate.
If you are unsure, we recommend using a professional will writing service, such as Will Easy.
All wills written using our platform are reviewed by a qualified will writer to ensure that they are clear, unambiguous and legally binding, which means they have a much stronger likelihood of being granted probate.
