---
title: "Do I need a solicitor for a will?"
description: "Most straightforward estates do not. Use a solicitor for tax, trusts, foreign assets, blended families or a likely dispute."
url: "https://swiftwill.co.uk/do-i-need-a-solicitor-for-a-will/"
author: "Marcus Kaiser"
date_modified: "2026-08-22"
---

# Do I need a solicitor for a will?

Most people with a straightforward estate do not. Will writing is not a reserved legal activity, and validity comes from correct signing, not letterhead. Use a solicitor if you need inheritance-tax planning, trusts, business or foreign assets, blended-family protection, or expect a dispute — we will tell you before you pay.

> SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information.

In short

Do you need a solicitor to make a will in England? Not for a straightforward estate.
 Will writing is not a reserved legal activity. Validity is section 9 of the Wills Act
 1837 — wet ink, two witnesses — not a letterhead. Use a solicitor for tax, trusts,
 foreign assets, blended-family protection, or a likely dispute. We stop you before
 payment if that is you.

This page is the honesty-gate cluster, not
 [how to make a will in the UK](/how-to-make-a-will/) and not the
 [price table](/will-cost/). A solicitor will at £150–£300 is the cheap part
 of getting a trust right. An online will at £35 is the cheap part of getting a simple
 residue clause signed.

The nine situations below are the same checklist as the 60-second test at
 [/start/](/start/). Checked 22 August 2026.

## Do you need a solicitor for a will at a glance?

Most straightforward England and Wales estates do not. Skip an online will for IHT
 planning, trusts, business or foreign assets, life-interest protection for children
 from a previous relationship, excluding a dependant, capacity doubts, special
 attestation, or mutual wills. SwiftWill is £35. A high-street will is often £150–£300.
 Neither is “more legal”.

- Not reserved Will writing is not a reserved legal activity. Legal Services Act 2007.
- 9 gates If any apply, we refuse the sale and point you to the Law Society finder.
- £325k Nil-rate band, frozen until April 2031, plus up to £175k residence band.
- £35 Online, once, free updates — only if none of the nine gates is you.

## Do you need a solicitor to make a will?

No, not for a straightforward England and Wales estate. Will writing is not a reserved legal
 activity under the Legal Services Act 2007. A will is valid if it is in writing and signed
 with two witnesses present together — not because a solicitor drafted it. Skip an online will
 if any of the nine situations below is you; that is solicitor territory, and we say so before
 you pay. The process for a straightforward estate is
 [how to make a will in the UK](/how-to-make-a-will/).

This is the exact checklist our
 [60-second suitability check](/start/) applies before payment. Expand each item
 for the why. Checked 22 August 2026.

## When should you definitely use a solicitor?

Use a solicitor for inheritance-tax planning, trusts, business or foreign assets, blended
 families who need a life-interest trust, care-fee planning, excluding a dependant, capacity
 doubts, special attestation, or mutual (binding) wills. Those are the nine gates. If none
 apply, a properly drafted online will signed correctly does the same legal job.

               .

## What are the key inheritance tax figures?

The nil-rate band is £325,000, frozen since 2009 and until April 2031. An extra £175,000
 residence nil-rate band can apply where a home passes to direct descendants, tapering above
 £2 million. Spouses can transfer unused bands. Tax above the bands is 40%. Pensions enter
 the IHT scope from April 2027. An estate near these bands with planning needs belongs with a
 solicitor.

| Threshold | Amount / rule |
| --- | --- |
| Nil-rate band (NRB) | £325,000 — frozen since 2009, frozen until April 2031 |
| Residence nil-rate band (RNRB) | Additional £175,000 where a home is left to direct descendants (tapers away for estates above £2m) |
| Transferable between spouses | Up to £1m per couple can pass free of IHT in the standard case |
| Rate above the bands | 40% |
| Pensions | Enter the IHT scope from April 2027 |

Figures per HMRC guidance on
 [gov.uk/inheritance-tax](https://www.gov.uk/inheritance-tax)
 .

## What does a solicitor add that an online will does not?

A solicitor adds tailored advice, tax and trust drafting, a capacity file if the will is
 challenged, and Legal Ombudsman recourse at SRA firms. An online will adds speed, a £35
 one-time price, and free lifetime updates. Neither is “more legal”. Choose the tool that
 matches the estate — see
 [is an online will legal?](/is-an-online-will-legal/)

| A solicitor adds | An online will does well |
| --- | --- |
| Tailored advice on your specific circumstances | Speed — will in your inbox in seconds |
| Inheritance tax planning and trust drafting | Price — £35 once vs £150–£300+ |
| Dispute-proofing: capacity evidence, file records | Simplicity — plain-English questions, about 15 minutes |
| Regulated recourse via the Legal Ombudsman (SRA firms) | Free updates for life, no appointments |

We would rather lose a sale than sell you the wrong document.

## Can you start with an online will and see a solicitor later?

Yes. A simple signed will now is better than none while you wait for an appointment. If
 you later buy foreign property, start a business, or cross the IHT bands, a solicitor
 will revokes the old one. Do not sit intestate for a year “until we get around to the
 proper one”.

The exception is the nine gates: if you already know you need a trust, do not buy a £35
 PDF as a placeholder. It will not do the trust job. We will have told you to stop.

## What is a life-interest trust, and why is it not online?

It lets a partner live in the home for life, then the capital passes to someone else —
 often children from a first relationship. Drafted wrong, it creates tax and family
 disasters. Reputable online services do not offer it. If this is your situation, the
 suitability check sends you to a solicitor.

Mirror wills are not that lock. The survivor can change their will tomorrow. See
 [mirror wills](/mirror-wills/) and
 [second marriage with children](/scenarios/second-marriage-with-children/).

## Does SwiftWill refuse customers?

Yes. The 60-second check runs before payment. If your answers show you need legal
 advice, we stop, explain why, and point you to the Law Society Find a Solicitor service.
 That is the honesty gate. It costs us sales. It is the product.

## The verdict: solicitor or online?

Online if the estate is straightforward and none of the nine gates apply. Solicitor if
 any gate applies. Validity is the same ceremony either way. This page is not a quote, not
 Scotland, and not permission to skip signing.
 [Is an online will legal?](/is-an-online-will-legal/)

My situation is straightforward

            Start my will — £35

I need a solicitor

            Find a solicitor (Law Society) →

## Frequently asked questions

### Is it legal to make a will without a solicitor?

Yes. Will writing is not a reserved legal activity under the Legal Services Act 2007, and no solicitor or notary is required for a valid will. Millions of valid wills are made without one. Validity comes from correct signing and witnessing, not from who drafted the document.

### When should I definitely use a solicitor for my will?

If your estate may owe inheritance tax and you want to plan around it; if you need a trust (for example, to protect children from a previous relationship while providing for a partner); if you own business assets, shares or foreign property; if you are deliberately excluding someone who depends on you; if there are doubts about capacity; or if you expect the will to be contested. These are the situations where advice pays for itself.

### What does a solicitor-drafted will cost?

Typically £150 to £300 or more for a straightforward single will, rising for couples and complex estates. That buys tailored advice and regulated recourse — a fair price for a complex situation, and unnecessary for a simple one.

### What protection do I have if an online will goes wrong?

Look for professional indemnity insurance, a money-back guarantee, and membership of a professional body. SwiftWill carries £2 million professional indemnity insurance, is a member of the IPW/SWW, and offers a 30-day money-back guarantee. If you add our £25 solicitor review, the reviewing solicitor’s SRA regulation also gives you Legal Ombudsman recourse for the review.

### Can I start with an online will and see a solicitor later?

Yes — and it is a sensible sequence for many people. A simple will now is far better than no will while you wait. If your affairs later become complex (you buy property abroad, start a business, your estate grows past the tax threshold), replace it with a solicitor-drafted will. Your new will automatically revokes the old one.

### What is a “life-interest trust” and why can’t I do it online?

It lets someone (usually a partner) benefit from an asset — often living in the home — for life, with the asset passing to someone else (often your children) when they die. It is the standard fix for blended families, but drafting one wrongly creates tax and family disasters, so reputable online services do not offer it. If this describes your situation, our suitability check will send you to a solicitor.

### Does SwiftWill refuse customers?

Yes, deliberately. Our 60-second suitability check runs before payment, and if your answers show you need legal advice, we stop, explain why, and point you to the Law Society’s Find a Solicitor service with a checklist of questions to ask. We would rather lose a sale than sell you a document that lets your family down.

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Last modified: 2026-08-22
Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)