Legal service
Will Writing Solicitors
A carefully prepared will translates your wishes into instructions that can take legal effect after your death. Highfin's will-writing service concerns choices about executors, beneficiaries, gifts and family provision. The starting point is your circumstances and intentions, followed by the capacity, drafting and signing requirements that apply in England and Wales.
Sources checked on . This general information does not assess your individual circumstances.
Start with your family and assets
Prepare details of your family, dependants, assets, debts and any earlier will or agreement. Identify people you wish to benefit and any circumstances needing particular consideration, such as a vulnerable beneficiary or a proposed exclusion.
Not every asset passes under a will. Joint ownership, pension arrangements and assets held in trust need separate examination. A will cannot guarantee that no claim for financial provision will be made.
Choose the people and arrangements
Consider executors and substitutes who can undertake the administration, and distinguish particular gifts from the remainder of the estate. Clear beneficiary identification and provision for a beneficiary dying first can help avoid uncertainty.
Guardianship wishes need to be considered alongside parental responsibility and the rules governing when an appointment takes effect. Will trusts may be appropriate in some circumstances, but their terms, administration and tax consequences require advice.
Establish capacity and independent wishes
The person making the will must have the relevant testamentary capacity and act voluntarily. Understanding the will and approving its contents are important alongside the signing formalities.
Age, illness or a diagnosis alone does not resolve the capacity question. Where there is doubt, appropriate evidence, potentially including medical input, may be needed. Pressure from someone who stands to benefit must be considered separately from whether the person understands the decision.
Follow the execution requirements
For an ordinary will under section 9 of the Wills Act 1837, it must be in writing and signed by the testator, or by another person in their presence and at their direction, with the required intention. The testator must sign or acknowledge the signature in the presence of two witnesses present at the same time. Each witness must then attest and sign, or acknowledge their signature, in the testator's presence.
Use suitable independent witnesses. A gift to an attesting witness, or their spouse or civil partner, may fail under the applicable rules even though the whole will is not invalid. Do not assume a beneficiary can safely witness the document.
The temporary statutory video-presence provision applied to wills made from 31 January 2020 to 31 January 2024. It is not a general alternative for executing a new will now. Special cases require individual advice.
Review the effects of relationship changes
Marriage generally revokes an earlier will, but there are statutory exceptions, including appropriately expressed provision in contemplation of marriage to a particular person. Civil partnership and conversion arrangements require their own applicable rules to be checked.
Divorce does not generally cancel the whole will. Under the relevant statutory provisions, certain appointments and gifts involving a former spouse are treated as if that person had died, unless a contrary intention appears. Separation alone is not the same as a final divorce. Review the document rather than assuming it still achieves your wishes.
Make changes formally and keep the original safe
A change normally requires a properly executed codicil or a new will; informal handwritten alterations can create difficulty. A new will should address earlier wills, but do not destroy an existing original without advice on the intended replacement and consequences.
Tell the appropriate person where the original is stored and review the arrangements after significant changes. Keep a record of relevant instructions and avoid assuming that a photocopy will be sufficient for a later probate application.
Official guidance
- Information for drafting
- Gather your existing will, family and beneficiary details, a broad asset schedule and proposed executor choices. Complex ownership or overseas connections need to be identified before the scope is agreed.
- Scope and cost
- The work depends on your instructions and circumstances. Current fees and any additional trust or tax work require confirmation; no fixed price or completion time is promised in this page.
Frequently asked questions
Your questions
Can I make a will if I have a medical diagnosis?
A diagnosis does not automatically prevent a valid will. The relevant testamentary capacity, understanding and freedom from improper pressure must be assessed in the particular circumstances.
Should a beneficiary witness my will?
Use appropriate independent witnesses. Witnessing can cause a gift to the witness or their spouse or civil partner to fail, subject to the applicable rules; it does not necessarily invalidate the entire will.
Will divorce make my whole will invalid?
Not generally. The statutory treatment of certain gifts and appointments involving a former spouse changes unless the will shows a contrary intention. Other provisions may continue, so a review is important.
Can I just write a change on the original?
Do not assume an informal alteration will be effective. A properly executed codicil or replacement will is normally needed, and signing requirements still matter.
Can my will deal with every asset I own?
Not necessarily. Joint assets, pension benefits and trust property may pass under other arrangements. Check ownership and relevant nominations alongside the will.
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