Will drafting: Creating legally binding personalised Wills

Will drafting is a crucial step in ensuring your final wishes are honoured and your loved ones are protected. If you want peace of mind and legal clarity, our Wills and Life Planning Solicitors can help guide you through every step of the process.

Whether you’re planning for the future or reviewing and updating existing arrangements, Will drafting ensures that your estate is distributed according to your intentions. A legally binding Will minimises the risk of disputes and delays, safeguarding your legacy and the people who matter most.

Understanding Will drafting

Will drafting refers to the formal process of creating a written document that specifies how your estate should be administered on your death. In England and Wales, for a Will to be valid, it must comply with the Wills Act 1837. This legislation outlines the essential requirements, such as age, mental capacity, and witnessing procedures.

Legal requirements for a valid Will in England and Wales

To ensure your Will is legally binding, it must meet the following criteria:

• You must be aged 18 or over (although there are recent proposals to lower the age to 16).
• You must have testamentary capacity (i.e., understand the nature and effect of your Will).
• The Will must be executed voluntarily and without pressure.
• It must be in writing and signed by you in the presence of two witnesses.
• Each witness must also sign the Will in your presence.

Failure to comply with any of these legal requirements could render your Will invalid, potentially resulting in intestacy.

Choosing the right type of Will

Depending on your circumstances, you may opt for one of several types of Wills:

1. Single Will: Suitable for individuals with straightforward wishes.
2. Mirror Will: Often used by couples who have identical wishes.
3. Trust Will: Ideal for complex estates or those involving minor children or vulnerable beneficiaries.

Common clauses in a well-drafted Will

Your Will should clearly include:

• Appointment of executors.
• Guardianship provisions for children.
• Specific gifts (monetary or items).
• Residuary estate distribution.
• Funeral wishes.

Benefits of professional Will drafting

While DIY kits are available, professionally drafted Wills reduce the risk of ambiguity and ensure compliance with legal standards. Advantages include:

• Legal accuracy and clarity.
• Tailored advice for complex estates.
• Tax efficiency (e.g., inheritance tax planning).
• Reduced potential for disputes or litigation.

Case example

Consider the case of Mr Thompson, who created a DIY Will naming his niece as the sole beneficiary. The Will lacked proper witnessing, and after his death, it was declared invalid. As a result, his estate was distributed under intestacy rules, leaving his niece with nothing. Had Mr Thompson consulted a solicitor, his intentions could have been legally protected.

Expert insights

Solicitors specialising in Will drafting highlight several best practices:

• Regularly review and update your Will, especially after life events like marriage, divorce, or the birth of children.
• Store your Will securely and inform your executors of its location.
• Seek advice on trusts, tax implications, and powers of attorney where relevant.

Lauren Crosby, Fosters’ Associate Solicitor, said: “It’s vitally important that you get the correct advice when making your Will – to make sure everything is recorded correctly and legally executed.

“Drafting your Will through a solicitor, like ourselves, means you are provided legal advice based on your particular circumstances – and where there might be potential for a dispute, or query about who is witnessing your Will, these can be addressed during the process, so that you’re advised correctly.”

Challenges of Will drafting

• Misunderstanding legal terminology or omitting key clauses.
• Disputes arising from ambiguous wording or unfair distribution.
• Wills becoming outdated due to life changes.
• Improper witnessing procedures leading to invalidity.

Benefits of Will drafting

• Ensures your estate is distributed according to your wishes.
• Provides clarity and reduces family conflict.
• Appoints guardians for minor children.
• Offers peace of mind and legal protection.

For more details on your legal options and personalised support, our Wills and Life Planning Solicitors can help ensure your will is valid, secure, and fit for purpose.

Legal experts

Fosters Solicitors has a dedicated team of experienced, professional and approachable experts who can help you make a Will. We offer friendly and bespoke advice and are able to meet you at any of our offices or, if it is more convenient for you, at your home or any other location at a time that is suitable for you. We also offer video and telephone appointments on request.

Our team have extensive experience in drawing up Wills and understand the impact they can have on your future, and the future of your loved ones – and therefore will support and advise you every step of the way.

For more details on your legal options and personalised support, our Wills and Life Planning Solicitors can help ensure your will is valid, secure, and fit for purpose.

FAQs

What is Will drafting?

Will drafting is the legal process of creating a written document that outlines how a person’s assets and estate should be distributed after their death. It must comply with legal requirements to be valid in England and Wales.

Why should I use a solicitor for Will drafting?

Using a solicitor ensures your will is legally valid, free from ambiguity, and tailored to your specific needs. It reduces the risk of disputes and ensures compliance with inheritance laws.

What happens if I die without a Will?

If you die without a will, your estate will be distributed according to the rules of intestacy, which may not align with your wishes. This can lead to delays, legal costs, and potential family disputes.

How often should I update my Will?

It’s recommended to review your will every 3–5 years or after major life events such as marriage, divorce, birth of children, or significant financial changes.

Can I draft my own Will?

While you can draft your own will, mistakes in wording, witnessing, or legal interpretation can invalidate it. Professional will drafting offers added security and legal assurance.

What should I include in my Will?

This article was produced on the 11th July 2025 for information purposes only and should not be construed or relied upon as specific legal advice.