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Help Centre

Wills

What a Will does, what makes it valid, and the choices you will make.

What makes a Will valid in England and Wales?

For a Will to be valid in England and Wales:

  • it must be in writing;
  • you must be 18 or over, understand what you are doing, and be acting freely;
  • you must sign it (or acknowledge your signature) in front of two witnesses who are both present at the same time;
  • each witness must then sign it in your presence.

We send clear signing instructions with your documents.

This is general information about the law in England and Wales, not advice about your circumstances.

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Who can witness my Will?

Choose two independent adults who can see you sign. A person who benefits from your Will, or their husband, wife or civil partner, should not be a witness. If they are, the Will can still be valid, but the gift to them is likely to fail.

This is general information about the law in England and Wales, not advice about your circumstances.

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What happens if I die without a Will?

Without a valid Will, your estate is shared out under fixed rules called the intestacy rules. They only look at certain family relationships. Unmarried partners do not automatically inherit, stepchildren do not inherit unless legally adopted, and friends and charities receive nothing. A Will lets you decide who inherits, who deals with your estate and who would look after children under 18.

This is general information about the law in England and Wales, not advice about your circumstances.

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Does marriage or divorce affect my Will?

Getting married or forming a civil partnership usually cancels an existing Will, unless it was made with that marriage in mind. Divorce or dissolution does not cancel a Will, but your former spouse or civil partner is normally treated as if they had died before you for many purposes. Review your Will after any big life event.

This is general information about the law in England and Wales, not advice about your circumstances.

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Can my partner and I make our Wills together?

Couples often make matching Wills (sometimes called mirror Wills): two separate Wills, one each, usually leaving everything to each other and then to the same people. Each of you signs your own Will, and either of you can change yours later. Tell us at the start that it is for you and your partner and we will onboard you together.

This is general information about the law in England and Wales, not advice about your circumstances.

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How do I choose executors?

Executors deal with your estate after you die: gathering what you own, paying debts and passing things on as your Will says. Choose people you trust who are organised and likely to be around. Many people choose one to four executors, and name a reserve in case someone cannot act. An executor can also benefit from your Will.

This is general information about the law in England and Wales, not advice about your circumstances.

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Can I name guardians for my children?

If you have children under 18, your Will can name guardians to look after them if no parent with parental responsibility is still alive. It is worth speaking to the people you have in mind first.

This is general information about the law in England and Wales, not advice about your circumstances.

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Where should I keep my Will, and when should I review it?

Keep the signed original somewhere safe and dry, and tell your executors where it is. Do not staple anything to it or take it apart. Review your Will after major life events (marriage, separation, a new child or grandchild, moving home) or every few years.

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