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Last Will & Testament
Governed by the Wills Act 1837 and Inheritance Act 1975
A last will and testament for individuals with assets in England and Wales, covering appointment of executors, specific bequests, residuary estate, and funeral wishes.
What's included
- ✓Testator details and revocation of prior wills
- ✓Appointment of executors
- ✓Specific bequests and legacies
- ✓Residuary estate disposition
- ✓Guardianship of minor children
- ✓Funeral wishes
- ✓Execution requirements and attestation
Recent legal changes
Wills in England and Wales are governed by the Wills Act 1837, which sets out the formal requirements for a valid will — including signing in the presence of two independent witnesses. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to challenge a will if reasonable financial provision has not been made for them. The Inheritance Tax Act 1984 determines how the estate is taxed. Understanding how these statutes interact is essential to making a will that achieves your intentions.
What is a Last Will & Testament?
A last will and testament is a legal document that sets out how you want your estate distributed after your death. Under the Wills Act 1837, it must be in writing, signed by you in the presence of two independent witnesses, and each witness must sign in your presence.
When do you need one?
You should make a will if you own property, have children, are unmarried but in a relationship, or have specific wishes about who inherits your estate. Without a valid will, your estate passes under the intestacy rules in the Administration of Estates Act 1925 — which may not reflect your intentions and makes no provision for unmarried partners.
Last updated: 29 March 2026
Frequently asked questions
What are the legal requirements for a valid will in England and Wales?
Under the Wills Act 1837, a will must be in writing, signed by the testator (or at their direction), and witnessed by two independent witnesses who are present at the same time and also sign the will. Beneficiaries and their spouses cannot act as witnesses.
What happens if I die without a will in England?
Your estate passes under the intestacy rules set out in the Administration of Estates Act 1925. Unmarried partners receive nothing. Children may inherit before a surviving spouse depending on estate value.
Can my will be challenged?
Yes. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals — including spouses, children, and financial dependants — can apply to court for reasonable financial provision from the estate, even if they are excluded from the will.
Is inheritance tax affected by how I write my will?
Yes. The Inheritance Tax Act 1984 provides exemptions for gifts to spouses, civil partners, and charities. Structuring your will to make use of the nil-rate band (currently £325,000) and residence nil-rate band can significantly reduce your estate’s inheritance tax liability.