Wills, executors and document storage across the UK

1. Decide what the will needs to cover

List the people and organisations the person may wish to benefit, major assets and debts, and practical wishes about pets, personal items or funeral arrangements. A will does not usually control every asset: jointly owned property, some pensions, trusts and nominated benefits may pass under separate arrangements. Record questions rather than guessing. If circumstances are complicated, a solicitor can explain inheritance, tax and family-provision issues before the person signs. Do not assume that a list of wishes is itself a legally valid will.

2. Choose executors who understand the task

An executor applies for authority to administer the estate, gathers assets, pays valid debts and distributes what remains under the will and law. Choose someone willing, organised and able to deal with paperwork; discuss the role first. A substitute can be named in case the first choice cannot act. Executors do not gain authority simply because they are relatives. Probate, confirmation or the relevant court process may be needed before institutions release assets. A person can ask a solicitor to help with the work even when a friend or relative is named executor.

3. Follow the right signing rules

In England and Wales, GOV.UK says the will must be in writing, made voluntarily by someone with the required capacity, and signed by that person in the presence of two witnesses aged 18 or over, who then sign in that person’s presence. A witness, and in some cases their spouse or civil partner, should not benefit under the will. Scotland has different requirements under its writing law; a properly witnessed signature can make a will self-proving, and formalities matter. Northern Ireland also has its own rules, so use current nidirect or solicitor guidance rather than copying an English template. Signing remotely or in unusual circumstances needs specific advice.

4. Protect the person’s choice and capacity

The person making the will should give instructions privately if they wish and should not be pressured by a potential beneficiary. A diagnosis, disability or advanced age does not automatically mean someone cannot make a will. The relevant question is whether they understand the nature and effect of this decision and can make it at the time. Where capacity may be questioned, an independent solicitor can take instructions, record the discussion and consider medical input. Do not ask someone else to sign unless a solicitor has explained the lawful process. Support communication access without steering the answers.

5. Store the original and tell the right people

The original is important because a copy may not be enough for probate and unexplained changes or damage can create uncertainty. A solicitor, official will-storage service or secure home location may be appropriate; check storage terms and retrieval process. Tell the executors where it is held without circulating private contents unnecessarily. Keep a separate inventory of related documents such as property deeds, insurance, pension nominations and funeral wishes. Do not write notes or make alterations on the signed will. Keep the record of the location current if the person moves.

6. Review changes through a valid process

Marriage, civil partnership, separation, a new child, a move between UK nations or a significant change in assets can make review sensible. Do not amend a signed original by crossing out words or attaching informal notes. A new will or properly executed codicil may be needed, and revoking an old document should be handled carefully. Destroy or mark superseded copies only after new arrangements are safely completed. Ask an adviser how to keep the current original identifiable and avoid contradictory versions. The person should tell executors when a replacement has been made.

Common questions