Writing your own will: the rules that decide whether it's valid
You can write your own will in England and Wales, and a home-made will can be perfectly valid, provided it meets the formalities in section 9 of the Wills Act 1837. It must be in writing, signed by you with the intention that your signature gives effect to the will, and your signature made or acknowledged in the presence of two witnesses present at the same time, who then each sign. The most common mistake is who witnesses it: a beneficiary, or their spouse, must not witness, or the gift to them is void.
Written by the team behind Agent Eleanor, our wills and estates specialist. This guide is general information about UK law, reviewed for accuracy.The section 9 formalities
You can write your own will in England and Wales, and a home-made will can be perfectly valid, provided it meets the formalities in section 9 of the Wills Act 1837. Get those wrong and the will can fail entirely, so they're worth stating plainly.
To be valid, a will must be: in writing; signed by you (the testator), with the intention that your signature gives effect to the will; and your signature must be made or acknowledged in the presence of two witnesses, present at the same time, who then each sign in your presence. That 'same time' point matters: both witnesses must be there together when you sign or acknowledge your signature.
The beneficiary-witness trap
The single most common home-made mistake concerns who witnesses it. A witness, or the spouse or civil partner of a witness, must not be a beneficiary. If a beneficiary or their spouse witnesses the will, the gift to that person is void, even though the will itself stays valid. So never ask someone who inherits (or their husband or wife) to be a witness. Witnesses should be 18 or over, of sound mind, and able to see you sign.
The real DIY risks
Beyond execution, the real risks with DIY wills are in the wording: ambiguous gifts, not naming executors, failing to say what happens if a beneficiary dies before you, or accidentally leaving someone able to challenge the estate. These don't invalidate the will but can cause disputes and cost later.
Two practical habits. Don't attach anything to the will with staples or paperclips, because marks suggesting a removed document raise questions. And store the original safely, because the executor needs the original, not a copy, to apply for probate.
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Is a home-made will legally valid?
It can be. You can write your own will in England and Wales, and it can be perfectly valid provided it meets the formalities in section 9 of the Wills Act 1837. Get those wrong and the will can fail entirely.
How many witnesses does a will need?
Two. Your signature must be made or acknowledged in the presence of two witnesses, present at the same time, who then each sign in your presence. Both witnesses must be there together when you sign or acknowledge your signature.
Can a beneficiary witness my will?
No, and this is the most common mistake. A witness, or the spouse or civil partner of a witness, must not be a beneficiary. If a beneficiary or their spouse witnesses the will, the gift to that person is void, even though the will itself stays valid.
What are the biggest DIY will risks beyond witnessing?
The wording: ambiguous gifts, not naming executors, failing to say what happens if a beneficiary dies before you, or accidentally leaving someone able to challenge the estate. These don't invalidate the will but can cause disputes and cost later.