Safeguarding Your Legacy: Drafting a Valid Will under English Law

Preparing a Will is among the most considerate things you can do for the people you love, and among the most unforgiving documents to get wrong. English law's requirements are old, strict and still very much alive. This guide walks through what a valid Will requires, and what deserves thought before you sign.

The requirements of a valid Will

The Wills Act 1837 still governs. To make a valid Will you must be at least eighteen years old. The Will must be in written form. You must have testamentary capacity: a sound understanding of what you are doing, what you own and who might reasonably expect to benefit, free of pressure or undue influence from anyone. And the document must be signed by you in the presence of two witnesses, both aged eighteen or over, who then sign in your presence. A Will that stumbles at any one of these hurdles fails entirely, however plain the intentions behind it.

Making changes

Minor alterations do not demand a fresh document. A codicil, executed with the same formalities, permits measured updates without disturbing the structure of the Will. Where the changes are substantial, a new Will is almost always the wiser course.

What to consider before you draft

Appoint at least two executors you trust to administer your estate and carry out your wishes. If you have children under eighteen, name guardians, and revisit that choice as the children grow. Specific gifts to individuals or charities can sit alongside the division of what remains. A letter of wishes, addressed to your executors, is a valuable companion to the Will itself: it can explain your reasoning and offer guidance on matters such as the upbringing of your children. Since inheritance tax shapes many estates, advice on your financial position belongs in the same conversation. Finally, read the Will again every three years or so, and upon any significant change in your life.

Marriage and divorce

Marriage or a civil partnership automatically revokes an existing Will, unless that Will was expressly made in contemplation of the marriage. Divorce operates differently: it does not revoke the Will, but your former spouse is treated as having died before you for the purposes of any gift to them or appointment of them, which can leave unintended gaps. Either event is a signal to review the Will without delay.

About the author: Dr Aamir Nawaz, LLB (Hons), LLM, PhD, Solicitor, Barrister (np) and Notary Public.