For many people, writing a will is something they have in the back of their mind and intend to do “one day”. When the time comes, one of the most common questions is whether you need a solicitor to write a will in the UK.
The short answer is no. You are legally allowed to write your own will or use an independent will-writing service. However, when something as important as your estate and your family’s future is involved, it is important to understand the risks before deciding how your will should be prepared.
Most people make a will for a simple reason: to protect loved ones and ensure their wishes are carried out in the event of their death. With so much at stake, choosing the right approach matters.
Can you write a will on your own?
Yes, it is possible to write your own will. DIY wills and template-based documents are widely available and are often marketed as straightforward and cost-effective.
However, a will must meet strict legal requirements to be valid. Errors in wording, signing, or witnessing can invalidate the document entirely. If this happens, your estate may instead be distributed under the intestacy rules, meaning your assets may not pass to the people you intended.
DIY wills can sometimes work in very simple situations, but even minor mistakes can create delays, disputes, and unexpected costs for your family.
A solicitor ensures your will is tailored to your circumstances, particularly if you have a blended family, own a business, hold property abroad, or wish to include trusts. For anyone wanting certainty that their wishes will be carried out without complications, seeking advice from a solicitor offers essential peace of mind.
Solicitors also use precise legal wording to set out your wishes clearly, reducing the risk of misinterpretation by executors or challenges against your estate.
Making a will without a solicitor – understanding the risks
Writing a will without professional advice can present several risks, including:
- unclear wording leading to disputes between beneficiaries
- incorrect execution or witnessing
- failure to consider inheritance tax planning opportunities
- unintended consequences involving jointly owned property or pensions
- omission of provisions needed for blended families or vulnerable beneficiaries
Life circumstances are often more complex than they first appear. A solicitor ensures that your will accurately reflects your personal situation and future intentions.
If you are specifically considering using an online service, you may also find it helpful to read our blog on the risks of making a will online.
Are do-it-yourself wills legal?
DIY wills are legal in the UK. However, while it is legal to write your own will, that does not guarantee that it will be legally valid.
For a will to be legally valid, it must comply with strict formalities set out in Section 9 of the Wills Act 1837. If those requirements are not followed precisely, the will may fail altogether. In that situation, the intestacy rules determine who inherits your estate.
Unfortunately, these rules do not always reflect modern family structures or personal wishes.
Are will writers regulated?
Unlike solicitors, will writers are not formally regulated. This means they are not required to hold legal qualifications, professional indemnity insurance, or follow the same professional standards imposed on solicitors regulated by the Solicitors Regulation Authority.
While some will writers provide a good service, the lack of regulation can limit the protections available to clients if something goes wrong.
Are will writers as good as solicitors?
Will writers can offer a useful service, particularly for straightforward estates. However, solicitors undergo extensive legal training, must meet regulatory standards, and carry insurance designed to protect clients.
Solicitors are also qualified to advise on wider legal considerations, including inheritance tax planning, trusts and asset protection, business succession, overseas assets, and potential claims against an estate.
For individuals seeking certainty and long-term protection, this additional expertise can make a significant difference.
What happens if a will is not valid?
If a will is found to be invalid, it cannot be used to administer the deceased’s estate, meaning the estate may instead be distributed under the intestacy rules. As mentioned above, this can lead to outcomes the deceased never intended, as only spouses, civil partners and certain blood relatives inherit. If there is an earlier valid will, that document may take effect instead.
Invalid wills also frequently give rise to disputes over inheritance, executorship and the circumstances under which the will was created, making early legal advice essential.
What is the difference between a solicitor and a will writer in the UK?
A solicitor is a fully qualified legal professional who is regulated, insured, and required to follow strict training and compliance standards, while a will writer may not have formal legal qualifications or mandatory regulation. Solicitors can provide comprehensive legal advice, handle complex estates, consider tax implications, and ensure a will is legally robust, whereas will writers typically offer a narrower service focused on document preparation. This means that while will writers may appear cheaper, solicitors provide added protection, expertise and accountability – particularly important where family circumstances, assets or wishes are more complicated.
It is important to note that although DIY options may appear cheaper initially, mistakes can lead to significant legal costs further down the line. For many families, the reassurance provided by a professionally drafted will outweighs the upfront cost.
Contact us today
If you would like the peace of mind of knowing your will has been prepared by a regulated, insured, and professionally trained expert, Scott Bailey’s highly skilled Wills, Trusts and Probate Solicitors are here to help. Drawing on their extensive experience, our team can assist you in drafting even the most complex of wills, ensuring your loved ones are protected and your wishes will be respected. Contact us today to get started.
