It’s a question I get asked often: “Do I need a solicitor to write my Will?” The short answer is no, but there’s considerably more to it than that. Getting it wrong can genuinely cost your family later, sometimes in ways that only become apparent after you’re no longer around to fix them.
What actually makes a Will legally valid?
Under the Wills Act 1837, a Will is legally valid in England and Wales as long as it is:
- Made by someone aged 18 or over, with the mental capacity to understand what they’re doing and the effect of the document
- In writing
- Signed by the person making it, with the clear intention that the signature gives effect to the Will
- Signed in the presence of two witnesses, both present at the same time
- Signed by both witnesses, in the presence of the person making the Will, straight afterwards
Nowhere in that list does it say the document has to be prepared by a solicitor. You can, in theory, write your own Will on a blank piece of paper and have it be perfectly valid, provided it meets these requirements and is clearly drafted with no ambiguity.
So why do so many people still use a solicitor?
Because “legally valid” and “does what you actually want, without unintended consequences” aren’t the same thing. DIY Wills are a common source of problems I see in practice:
- Ambiguous wording that leaves room for genuine disagreement between beneficiaries about what was actually meant.
- Missed or forgotten assets, particularly digital assets, pensions, or property held in unusual ways.
- Incorrectly executed signing, which can invalidate the whole document without anyone realising until it’s too late to fix.
- No allowance for blended families, meaning stepchildren or a second spouse can end up in a position never intended.
- No consideration of inheritance tax, missing straightforward planning opportunities that a professional would routinely flag.
- Failure to account for what happens if a beneficiary dies before you, a “what if” scenario DIY templates rarely prompt you to think through.
Solicitor, or Trust & Estate Practitioner (TEP)?
If you decide professional help is the right call, and for anything beyond the simplest of estates, it usually is, you have more than one option. A solicitor is one route. Another is a Trust & Estate Practitioner (TEP): a specialist, internationally recognised qualification in Wills, trusts, and estate administration, awarded by STEP (the Society of Trust and Estate Practitioners), and specifically focused on this area of law rather than being one part of a broader general practice. Not all solicitors are qualified TEPs.
I’m STEP-qualified, with a solicitor background, having been a practising solicitor for a decade, working at Top 100 and Legal 500 firms before founding Gorman Legal. That combination means you get the depth of legal experience associated with a solicitor firm, delivered through a more personal, fixed-fee service across Exeter and Mid Devon, without the overheads, hourly billing, or formality of a large practice.
What about a “Will writer” who isn’t qualified as either?
This is worth flagging, because the term “Will writer” isn’t a protected title in the UK, anyone can call themselves one, regardless of training. Some Will-writing services are excellent and appropriately trained, qualified and insured; others aren’t.
If you go this route, it’s worth specifically checking whether the person is a member of a recognised body, and whether they carry professional indemnity insurance, since neither is a given.
What to actually look for, whoever you choose
Whichever route you choose, the questions that matter are: does this person have genuine, demonstrable experience in Wills and estate planning specifically? Do they explain things clearly, without unnecessary jargon? Is the pricing transparent and fixed from the outset, rather than open-ended hourly billing? And critically, are you dealing with the same person throughout the process, or handed between different staff at each stage, with your history having to be re-explained each time?
Weighing up the cost difference
A basic DIY Will template can cost very little upfront. An online Will-writing service typically sits somewhere in the low hundreds of pounds. A solicitor or TEP-drafted Will costs more again, but for a straightforward single Will this is usually still a modest, fixed fee, not the significant expense many people assume.
The real cost comparison isn’t the fee for writing the Will; it’s what an error in an unchecked document could cost your family later. A disputed Will, an invalidly executed signature, or an overlooked inheritance tax relief can easily cost a family many times the original saving, in legal fees, delay, and family stress, at a point when the person who made the mistake is no longer around to fix it.
In short
You don’t need a solicitor specifically to write a valid Will, but for anything beyond the most basic circumstances, working with a qualified, experienced practitioner, solicitor or TEP, significantly reduces the risk of costly mistakes that may not surface until it’s far too late to correct them.
Frequently asked questions
Is a Will written without a solicitor or TEP still legally binding?
Yes, provided it meets the Wills Act 1837 requirements above. Legal validity and quality of drafting are two separate things, though.
What’s the difference between a solicitor and a TEP in practice?
A solicitor is a qualified lawyer who may practise across many areas of law; a TEP holds a specialist qualification focused specifically on Wills, trusts, and estates. Both can be well suited to Will writing, what matters most is relevant, demonstrable experience in this specific area.
Can I use an online Will-writing service instead?
For very simple, low-value estates with no unusual circumstances, an online service can be sufficient, but you may not receive the advice you unknowingly need. For anything involving property owners, blended families, business assets, or potential inheritance tax, professional advice significantly reduces the risk of costly errors.
How do I know if my situation is “simple” or not?
As a rough guide, your situation is more likely to need professional input if any of the following apply: you own property, you have children from more than one relationship, you run a business, your estate could be close to or above the inheritance tax threshold, or you want to set up any kind of trust. A quick conversation with a professional is always recommended.