Your will should set out:
- who you want to benefit from your will
- who should look after any children under 18
- who is going to sort out your estate and carry out your wishes after your death (your executor)
- what happens if the people you want to benefit die before you
- You can also include a charity in your will.
You will need guidance if:
- you share a property with someone who is not your husband, wife or civil partner
- you want to leave money or property to a dependant who cannot care for themselves
- you have several family members who may make a claim on your will, such as a second spouse or children from another marriage
- your permanent home is outside the UK
- you have property overseas
- you have a business
Keep your will safe
You can keep your will at your home or store it with:
- your solicitor
- your bank
- a company that offers the storage of wills – you can search online
- the London Probate Service
You should tell your executor (the person you’ve chosen to carry out your will), a close friend or relative where your will is.
For your will to be legally valid, you must:
- be 18 or over
- make it voluntarily
- be of sound mind
- make it in writing
- sign it in the presence of 2 witnesses who are both over 18
- have it signed by your 2 witnesses, in your presence
Signing can be witnessed both in person and remotely (for example by video conferencing, but ONLY in England & Wales). In both cases:
- you must have a clear view of the person and the act of signing
- the will maker (or person authorised to sign on their behalf) and witnesses must sign the same document
You can only sign remotely in England or Wales.
If you make any changes to your will you must follow the same signing and witnessing process.
You cannot leave your witnesses (or their married partners) anything in your will.