Drafting a Will: Do I Need a Solicitor?
Writing a will can be straightforward in some cases but more complex in others. This guide explains when a solicitor may be helpful and when people sometimes choose to draft a will themselves.
A solicitor is often helpful when an estate is complex or where family arrangements may make a will more difficult to draft clearly. Situations involving multiple relationships, trusts, business assets or potential disputes often benefit from professional drafting to reduce the risk of problems later.
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What is a will and why is it important?
This guide forms part of our “Do I Need a Solicitor?” series, which explores common legal situations and explains when professional legal support may be useful.
A will is a legal document that sets out how a person’s money, property and possessions should be distributed after they die. It can also name who will look after children under the age of 18 and appoint someone to manage the estate, known as an executor.
Without a valid will, the estate is usually distributed under the rules of intestacy, which are set out in the Administration of Estates Act 1925. These rules decide who inherits based on family relationships, which may not reflect what the person intended.
For a will to be legally valid in England and Wales it must meet the formal requirements of the Wills Act 1837. In most cases this means:
- the person making the will is aged 18 or over
- the will is in writing
- the will is signed by the person making it
- two witnesses are present at the same time when the will is signed
- the witnesses also sign the will
If a beneficiary or their spouse or civil partner acts as a witness, the gift to that person may fail even if the rest of the will remains valid.
Many people review their will after significant life events such as marriage, divorce, the birth of a child or major changes in financial circumstances.
Common Situations Where a Solicitor Helps
- complex family arrangements
- overseas property or assets
- trusts for children or dependants
- business or partnership interests
- risk of disputes between beneficiaries
- unusual or conditional gifts
A solicitor can be particularly helpful when a will involves more than a simple distribution of assets. Professional drafting can help ensure the document is legally valid, clearly written and properly reflects the person’s intentions.
Complex family arrangements are one common reason people seek legal help. For example, where there are children from different relationships or where someone wishes to provide for a partner while protecting inheritance for children.
Another situation where legal drafting can be helpful is where the estate includes overseas property or assets. Different countries may apply different inheritance rules, which can affect how a will operates.
A solicitor may also assist where a will needs to include trust arrangements. Trusts are often used to manage assets for children, vulnerable beneficiaries or dependants. The wording used in the will must be precise because unclear trust provisions can create problems during estate administration.
Solicitors can also help reduce the risk of disputes. While no will can completely prevent a challenge, careful drafting and professional oversight can address some of the common issues that lead to disagreements.
Solicitors in England and Wales are regulated by the Solicitors Regulation Authority. This means their work is subject to professional standards and complaints procedures that do not apply to all will writing services.
When a DIY Will Might Be Enough
Some people choose to draft a will themselves using a standard template or online service. This approach can work where the estate and family situation are relatively straightforward.
For example, a person with a single property, limited savings and a small number of beneficiaries may find that a simple will template reflects their wishes adequately.
However, even simple wills must still comply with the formal requirements of the Wills Act 1837. The signing and witnessing process must be followed carefully, and the wording of the will must be clear enough for executors to interpret.
In the “Do I Need a Solicitor?” series, the answer often depends on the complexity of the situation. Where the estate or family arrangements are simple, some people decide to draft a will themselves. Where complexity increases, professional drafting becomes more common.
- estate is relatively simple
- few beneficiaries
- no trusts are required
- no overseas property
- no business interests
- low risk of family disputes
Risks of Making a Will Without a Solicitor
- use clear names and details for beneficiaries
- follow the formal signing rules
- keep a record of where the will is stored
- review the will after major life events
- rely on informal notes as a will
- use witnesses who are beneficiaries
- leave assets without clear beneficiaries
- forget to update a will after marriage or divorce
- assume templates cover complex estates
If a will is not valid or cannot be interpreted clearly, the estate may be distributed under the intestacy rules instead of the person’s wishes.
What a Solicitor Can Do for You
A solicitor can help translate a person’s wishes into clear legal wording. This includes checking that the will satisfies the formal requirements and that the instructions are legally workable.
Solicitors often help with practical decisions such as appointing executors, naming substitute executors, and considering whether guardians should be appointed for children.
Where trusts are included in the will, a solicitor can explain how they operate and ensure the drafting accurately reflects the intended arrangement. Trust provisions can affect how and when beneficiaries receive assets, so careful wording is important.
A solicitor may also identify situations where additional professional advice could be helpful. For example, estates involving significant assets may raise inheritance tax considerations, or business ownership may require specialist drafting.
Professional drafting also creates a clear record of how the will was prepared, which may help if questions arise later about how the will was made.
Costs and Timescales
| Cost item | Cost | Description |
|---|---|---|
| Solicitor fixed fee advice appointment | £120.00–£350.00 | Typical fixed fee for an initial consultation that explains options and likely next steps, sometimes with written follow up. |
The cost of drafting a will varies depending on the complexity of the estate and the time required to prepare the document.
Simple wills are often completed within a few weeks. More complex wills may take longer, particularly if the solicitor needs to review financial information, consider trust arrangements or consult other professionals.
Many firms provide an estimated cost before work begins and may offer fixed fee packages for straightforward wills.
Common Mistakes to Avoid
- use full legal names for beneficiaries
- appoint substitute executors
- store the will safely and record its location
- review the will after major life changes
- consider whether trusts are needed for dependants
- leave important assets unaddressed
- use vague wording for gifts
- sign the will without proper witnesses
- use beneficiaries as witnesses
- assume a will never needs updating
FAQs
Yes. A will does not need to be drafted by a solicitor to be legally valid in England and Wales. However, it must comply with the formal requirements set out in the Wills Act 1837.
If there is no valid will, the estate is usually distributed under the rules of intestacy. These rules determine who inherits based on family relationships.
Yes. A will may be challenged on several grounds, such as concerns about mental capacity, undue influence, or uncertainty in the wording of the will.
Many people review their will after major life events such as marriage, divorce, the birth of a child, or significant financial changes.
In most cases marriage automatically revokes an existing will unless the will was made in contemplation of that marriage.