Skip to main content
SwiftWill

Do you need a solicitor to make a will? An honest answer

Quick answer

No — most people with straightforward estates do not need a solicitor to make a valid will. But some situations genuinely do need one: inheritance tax planning, trusts, business or foreign assets, blended-family protection, excluding a dependant, capacity concerns, or a likely dispute. This page tells you honestly which camp you are in.
A friendly professional adviser at a desk in a bright office explaining paperwork to a visitor seen from behind

The nine situations that need a solicitor

This is the exact checklist our 60-second suitability check applies before payment. If any of these is you, an online will is the wrong tool — expand each for the why.

1. Inheritance tax planning or trusts

Estates above the nil-rate band (£325,000, frozen until April 2031, plus up to £175,000 residence nil-rate band where a home passes to direct descendants, tapering above £2m) can face 40% tax — and planning around it is individual work. Trusts (discretionary, life-interest, vulnerable-beneficiary) must be drafted to your circumstances; a wrongly drafted trust creates tax and family disasters.

2. Business assets or shares

A business or private-company shares raise valuation questions, business property relief, succession of control, and conflicts with shareholder or partnership agreements. The will must be coordinated with your business arrangements — solicitor work.

3. Foreign property or assets, or domicile complications

Foreign property is usually governed by the law of the country where it sits, and your domicile affects both validity and inheritance tax. Expats and owners of overseas assets need advice that accounts for every jurisdiction involved.

4. Blended families needing protection

If you have children from a previous relationship and leave everything to a new partner, the survivor can later change their will and your children could inherit nothing — the “sideways disinheritance” problem. The standard fix is a life-interest trust, which online services deliberately do not offer.

5. Care-fee planning or severance of tenancy

Arrangements designed to shield assets from care fees, or changing how your home is co-owned (severing a joint tenancy) for planning purposes, have legal and deprivation-of-assets implications that need individual advice.

6. Deliberately excluding a dependant

Under the Inheritance (Provision for Family and Dependants) Act 1975, spouses, former spouses, cohabiting partners of 2+ years, children and anyone you financially supported can claim against your estate — and courts can override your will. Exclusions in these categories need a solicitor's care and a proper paper trail.

7. Capacity doubts, undue influence, or a likely dispute

Where capacity could later be questioned — elderly or seriously ill testators — the “golden rule” is that a medical professional should witness or assess capacity, and a solicitor's file becomes the evidence that defends the will. If a dispute is likely, that file is worth more than the document.

8. Blind, illiterate or non-English-reading testators

These situations need special attestation clauses recording that the will was read over to (and understood by) the testator before signing. Getting this wrong is a classic ground of challenge.

9. Mutual wills (binding pairs)

Mirror wills — the kind online services make — are not binding: either partner can change their own will at any time. If you want wills that genuinely lock each other in, that is a mutual will, and it needs a solicitor.

The key tax figures, for reference

Inheritance tax thresholds
ThresholdAmount / 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 spousesUp to £1m per couple can pass free of IHT in the standard case
Rate above the bands40%
PensionsEnter the IHT scope from April 2027

Figures per HMRC guidance on gov.uk/inheritance-tax. An estate anywhere near these bands with planning needs belongs with a solicitor.

What a solicitor adds vs what an online will does well

Solicitor vs online will
A solicitor addsAn online will does well
Tailored advice on your specific circumstancesSpeed — will in your inbox in seconds
Inheritance tax planning and trust draftingPrice — £35 once vs £150–£300+
Dispute-proofing: capacity evidence, file recordsSimplicity — 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.

My situation is straightforward

Start my will — £35

Frequently asked questions

Make your will in about 15 minutes

One-time £35. Instant download. Free updates for life. No subscriptions, no upsells — ever.

30-day money-back guarantee · £2m professional indemnity insurance · IPW member

Written by Eleanor Vance, Will-writing professional at SwiftWill. Checked by SwiftWill's legal content review against primary sources (gov.uk and legislation.gov.uk). Last reviewed July 2026.