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.
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.
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.
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: March 2026
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.
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.
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.
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.
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PRELIMINARY DECLARATIONS
Declares this instrument to be the final Will and sets the interpretive framework for the document.
FUNERAL AND BURIAL WISHES
Records funeral wishes or confirms that arrangements are left to the discretion of the Executors.
APPOINTMENT OF EXECUTORS
Appoints primary and optional secondary Executors and confirms their authority to administer the estate.
SPECIFIC GIFTS AND BEQUESTS
Sets out specific gifts of identified items to named recipients where provided.
RESIDUE OF MY ESTATE
Disposes of the residuary estate to one or more beneficiaries, with substitute fallback wording where applicable.
NEXT SECTION
OBLIGATIONS
ADDITIONAL TERMS
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