What Is a Will and Why Might I Need One?
A will is a legal document that sets out what should happen to your estate when you die.
A will is a legal document that sets out what should happen to your estate when you die.
In practical terms, it can identify who should benefit, who should deal with the estate and, where relevant, who you wish to appoint as guardian for children under 18.
A will is not only for wealthy people. The important question is whether you want the law’s default position to decide what happens, or whether your circumstances and wishes need to be properly recorded.
What can a will deal with?
A will can set out who should inherit property, money and possessions that pass through your estate.
It normally appoints executors to administer the estate and can address what should happen if an intended beneficiary dies before you.
Parents may also use a will to appoint guardians for children under 18.
More complicated circumstances can require additional drafting and advice.
A will does not necessarily control every asset
This is an important limitation.
Property held as joint tenants normally passes automatically to the surviving joint owner rather than under the will. Some pensions, policies and other arrangements may also operate under their own rules or nominations.
Before assuming a will controls “everything”, understand what you own and how it is held.
What makes a will legally valid?
In England and Wales, there are formal requirements for a valid will.
Government guidance states that the person must generally be 18 or over, make the will voluntarily, be of sound mind, put it in writing and sign it in the presence of two witnesses who are both over 18, with the witnesses then signing in the person’s presence.
The witnessing rules matter. A document expressing your wishes is not necessarily a legally valid will.
When is professional advice particularly important?
Government guidance specifically highlights circumstances such as sharing property with someone who is not a spouse or civil partner, providing for a dependant who cannot care for themselves, complex family situations, overseas property, living permanently outside the UK or owning a business.
Blended families are another obvious example where apparently simple wishes can have complicated consequences.
MH360 does not recommend a particular will structure. A professionally qualified legal adviser can consider the individual’s circumstances and draft accordingly.
Can a will be changed later?
Yes, but changes need to be made properly.
Government guidance explains that an official alteration known as a codicil can be used, or a new will can be made.
Major life events are sensible prompts to review arrangements. Marriage or civil partnership will usually invalidate an earlier will, and separation, divorce, births, deaths, property changes or major financial changes can all affect whether an existing will still reflects what you want.
Where should the original be kept?
A will needs to be found after death.
It can be stored securely at home or with a solicitor, bank, specialist storage provider or the Probate Service. Tell your executor or another appropriate person where the original is kept.
A perfect will that nobody can locate can create a very practical problem.
Last reviewed
5 September 2026
Important legal informationThis guide provides general information only and does not constitute legal advice. It is not intended to recommend any particular legal arrangement, course of action or solution. Wills, inheritance, trusts, powers of attorney, mental capacity and related matters can have significant legal and financial consequences, and the appropriate approach will depend on individual circumstances. Professionally qualified legal advice should be sought before making, changing or acting upon important legal arrangements or decisions.