Ask a room full of Londoners whether they have a will, and you will usually see more shrugs than raised hands. Research from across the UK has repeatedly found that around half of adults have not made one. Yet in a city where property values are high, families are spread across postcodes and countries, and more couples live together without marrying, leaving no Will can create far bigger problems than most people realise.
The good news is that making a Will has never been more accessible. You no longer need to block out an afternoon in a solicitor’s office to put your wishes in writing. For many people with straightforward affairs, a well-designed kit offers a practical, affordable route. But doing it yourself only works if you do it properly. Here is what every Londoner should know.
What happens if you die without a Will?
If you die without a valid Will in England and Wales, your estate is distributed under the intestacy rules. These rules follow a fixed order of relatives and take no account of your personal wishes or circumstances.
That can lead to outcomes many people would never choose:
- Unmarried partners inherit nothing automatically. However long you have lived together, a cohabiting partner has no automatic right to your estate under intestacy. They may have to bring a court claim to receive anything at all.
- Step-children are not included unless they have been legally adopted.
- Friends, godchildren and charities receive nothing, no matter how important they were to you.
- No guardian is formally named for children under 18, leaving decisions about their care to be resolved later.
For a city with as many cohabiting couples and blended families as London, those gaps matter.
Can you legally write your own Will?
Yes. There is no legal requirement in England and Wales for a Will to be drafted by a solicitor. What matters is that the Will meets the formal requirements set out in the Wills Act 1837. In broad terms, a valid Will must be:
- Made by someone aged 18 or over who has the mental capacity to understand what they are doing.
- Made voluntarily, without pressure from anyone else.
- In writing.
- Signed by the person making it (the testator), in the presence of two witnesses who are both present at the same time.
- Signed by both witnesses in the presence of the testator.
One of the most common mistakes is choosing the wrong witnesses. A witness should not be a beneficiary of the Will, or married to or in a civil partnership with a beneficiary. If they are, the Will itself may still be valid, but that person can lose their gift. Neighbours, colleagues or friends who receive nothing under the Will are usually the safest choice.
Why a structured kit beats a blank sheet of paper
Technically, you could write your wishes on a sheet of paper. In practice, homemade Wills are a frequent source of disputes. Vague wording, missing clauses, gifts that fail because a beneficiary dies first, or a document signed without proper witnessing can all leave families facing delays, costs and conflict.
A structured kit removes much of that risk. It guides you through the essential decisions in a logical order and uses wording designed to be clear and legally effective. If your affairs are relatively simple, you can write your own Will with a legal Will kit at home, at your own pace, and at a fraction of the cost of a bespoke service.
The key decisions to make before you start
Before you put pen to paper, it helps to think through the following.
Who will be your executors? Executors are the people responsible for carrying out your Will: collecting your assets, paying debts and taxes, and distributing what is left. Choose people you trust who are organised and likely to outlive you. Many people appoint two, in case one is unable to act.
Who should inherit what? Consider your main beneficiaries, any specific gifts such as jewellery, a car or a sum of money, and who should receive the “residue” – everything left after specific gifts, debts and expenses are dealt with.
What if a beneficiary dies before you? Naming substitute beneficiaries prevents part of your estate from falling back into intestacy.
Who will look after your children? If you have children under 18, naming a guardian is one of the most important reasons to make a Will.
Do you have wishes about your funeral? These are not legally binding, but recording them can ease the burden on your family.
Life changes that affect your Will
A Will is not a one-off task. In England and Wales, marriage or entering a civil partnership generally revokes an existing Will, unless it was made specifically in contemplation of that marriage. Divorce does not cancel a Will entirely, but a former spouse is treated as though they had died for most purposes.
Other events that should prompt a review include:
- Buying or selling a home
- The birth or adoption of a child or grandchild
- Separation from a partner
- The death of an executor or beneficiary
- A significant change in your finances
A good rule of thumb is to review your Will every three to five years, or whenever your circumstances change.
Storing your Will safely
Once signed and witnessed, your Will needs to be kept somewhere safe and easy to find. Do not staple anything to it or remove any staples, as marks on the document can raise questions about whether pages have been altered. Tell your executors where it is kept. Some people store their Will at home in a fireproof box; others use a professional storage service.
When to seek professional advice
A DIY Will is a sensible choice for many people, but not everyone. You may want to speak to a solicitor if:
- Your estate is likely to face a substantial Inheritance Tax bill
- You own a business or overseas property
- You want to set up complex trusts
- You expect someone to challenge your Will
- There are concerns about your mental capacity
It is also worth remembering that the rules described here apply to England and Wales. Scotland and Northern Ireland have their own laws on Wills and inheritance.
The bottom line
Putting off a Will is easy. There is always something more urgent, and few of us enjoy thinking about our own mortality. But for most Londoners, making a Will is one of the simplest and most caring things they can do for the people they leave behind. With clear guidance, the right witnesses and a little planning, you can make sure your wishes – not a default set of rules – decide what happens next.
