Writing a will is one of the simplest ways to protect your family, yet many people put it off for years. This guide breaks the process into six clear steps for England and Wales, with practical tips for avoiding common mistakes.

You will learn:

• What a will does and why you should have one

• The key decisions you need to make before drafting

• How to sign and store your will so it actually works

• Blind spots and pitfalls that can cause problems later

Use this as a checklist whether you are using a template, an online service, or a solicitor.

Table of contents

1. Understand what a will can and cannot do

2. Step 1–3: Get ready to plan your will

3. Step 4–5: Draft and sign your will correctly

4. Step 6: Store, review, and update your will

5. Review checks before relying on your will
   
   

1. Understand what a will can and cannot do

A will is a legal document that sets out what should happen to your estate when you die.

It can:

• Say who receives your property, money, and possessions

• Name executors to deal with your estate

• Appoint guardians for children under 18

• Include basic funeral wishes

It cannot:

• Avoid all tax or care costs

• Change how jointly‑owned assets pass automatically in some cases (for example, joint tenancy property usually passes to the survivor)

• Override some pension or life insurance nomination rules

• Prevent family members from making a claim if they feel unfairly left out (under the Inheritance (Provision for Family and Dependants) Act 1975)

Blind spot:
If you have property abroad, business interests, or a blended family, your will may need extra clauses or even separate wills for different countries.

2. Step 1–3: Get ready to plan your will

Step 1: List your assets and debts

Write down:

• Property and approximate values (include overseas property if relevant)

• Savings and investments

• Pensions and life insurance (note how they are nominated)

• Any significant debts (mortgages, loans, credit cards)

Tip:
Include digital assets (online accounts, photos, cryptocurrency) and business interests.

Step 2: Decide who should benefit

Think about:

• Family members, friends, and charities

• Whether gifts should be fixed amounts or percentages

• What should happen if someone dies before you (substitute beneficiaries)

• Any special items (jewellery, heirlooms, pets)

Blind spot:
If you have stepchildren, unmarried partners, or estranged relatives, be clear about your wishes—these groups do not automatically inherit unless named.

Step 3: Choose your executors and guardians

Executors should be people you trust to deal with paperwork and decisions. Guardians, if needed, should be willing and able to look after your children.

Tip:
Consider naming a backup executor or guardian in case your first choice cannot act.

3. Step 4–5: Draft and sign your will correctly

Step 4: Draft the will

You can:

• Use a solicitor for tailored advice, especially if your affairs are complex (business, property abroad, blended families)

• Use a template or online service for simpler situations

Make sure the will clearly:

• Identifies you

• Revokes earlier wills

• Appoints executors (and guardians if needed)

• Sets out gifts and residue (what is left)

Common problems:

• Very detailed gifts but no clear instruction about what happens to the remainder of the estate (the residue)

• Home‑made wording that is hard to interpret or conflicts with other parts of the will

• Not dealing with what happens if a main beneficiary dies before you
  
  

Step 5: Sign and witness the will

For a will to be valid in England and Wales, you usually must:

• Sign it in the presence of two independent witnesses who are both over 18

• Have both witnesses sign in your presence

Witnesses (and their spouses or civil partners) should not be beneficiaries, or their gifts may fail.

Blind spot:
Signing rules are strict. If you sign incorrectly, your will may be invalid. Do not use witnesses who are named in the will or their partners.

4. Step 6: Store, review, and update your will

Storage

• Keep the original will in a safe place (solicitor’s office, bank, fireproof box)

• Tell your executors where it is and how to access it

Review

Check your will when:

• You marry, divorce, or separate (marriage usually revokes a will unless made in contemplation of marriage)

• You buy or sell significant property

• Your family situation changes (children, step‑children, deaths)

• Tax rules change

Small changes may be made using a codicil, but major changes usually need a new will.

Blind spot:
If your will is lost or damaged, only copies may be available—these are much harder to use in probate.

5. Review checks before relying on your will

Before signing or relying on your will:

• Legal review check: For anything more than a very simple estate, ask a solicitor to review the draft.

• Clarity check: Read it aloud to make sure your wishes are clear and unambiguous.

• Conflict check: Confirm your will works alongside any joint ownership, pension nominations, and life policies.

• Family provision check: Consider whether anyone might feel unfairly left out and could make a claim.

AI‑powered tools can help you understand clauses, compare drafts, and prepare questions for your adviser.

Using Caira to read draft or existing wills

If you already have a draft will, older will or template, you can upload it to Caira, an AI‑powered legal assistant for England and Wales.

With Caira you can:

• Upload PDFs, Word documents, spreadsheets and photos or screenshots of the document.

• Ask questions like ''What does this clause actually do?'' or ''Who inherits if this person has already died?''.

• Get a plain‑English explanation you can discuss with your chosen solicitor.

Caira is privacy‑first and draws on a library of more than 10,000 legal and tax documents for England and Wales along with your upload.

You can try Caira on a free 14‑day trial that does not require a credit card. After that it is an affordable monthly service at £15/month – a relatively cheap way to feel more confident before and after formal estate planning advice.