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SwiftWill

Do you need a solicitor to make a will?

By SwiftWillUpdated England and Wales

Quick answer

No. England and Wales does not require a solicitor to write a will. Capacity, free choice, understanding and approving its contents, and proper signing and witnessing still matter. You should use a solicitor if your affairs are not straightforward: for example trusts, inheritance tax planning, a business, property abroad, children from an earlier relationship, leaving out a dependant or doubts about capacity.

Is it legal to make a will without a solicitor?

Yes. GOV.UK says you can write your will yourself. Will writing is not one of the reserved legal activities in section 12 of the Legal Services Act 2007, and the Competition and Markets Authority says anyone in the UK can write a will. A will is valid if it meets section 9 of the Wills Act 1837 and the person making it is 18 or over, of sound mind and acting voluntarily. See is an online will legal.

When should you use a solicitor?

Use a solicitor when your will needs judgement about your particular circumstances. GOV.UK lists sharing property with someone who is not your spouse or civil partner, providing for a dependant who cannot care for themselves, family members who may make a claim, a home outside the UK, property overseas and owning a business. SwiftWill asks these nine screening questions before payment and stops if any answer is yes:

SwiftWill's screening questions: situations that need individual advice
SituationWhy an automated will is not enough
Your permanent home is outside England and WalesScotland, Northern Ireland and other countries have their own will laws. Use a provider qualified for where you live.
You are about to marry or form a civil partnership, or you have a mutual willMarriage revokes an existing will unless the will shows it was made expecting that marriage. That wording, and any obligations under a mutual will, need individual drafting.
You need to provide for a dependant who cannot care for themselves, or you share property with someone who is not your spouse or civil partnerGOV.UK names both as reasons to get advice. They often need a trust or a check of how the property is owned.
You want inheritance tax planning or need any kind of trustTrusts and tax planning have to be drafted around your circumstances. SwiftWill's only trust holds a young beneficiary's share until they reach 18, 21 or 25.
You own a business or shares in a private companyBusiness assets raise questions about valuation, tax relief and who takes control, which must fit any partnership or shareholder agreement.
You own property or assets outside the UK, or your domicile or residence is complicatedForeign property can be governed by the law of the country where it is, and domicile affects inheritance tax.
You have children from a previous relationship and want to protect their inheritance while providing for a partnerIf everything goes to your partner, they can later change their own will. Protecting both usually needs a life-interest trust.
You plan to leave out someone who depends on you financiallySpouses, former spouses, cohabitants of two years or more, children, people treated as children of the family and dependants can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975.
There is doubt about mental capacity, a risk of undue influence, or a dispute is likelyA solicitor can arrange for capacity to be assessed and keep a record of your instructions, which is the evidence needed if the will is challenged.

A solicitor is also the better route if someone needs to sign for you, or if you are blind or cannot read the will. The probate registry must then be satisfied that you knew what the will said (Non-Contentious Probate Rules 1987, rule 13), and a solicitor can record that it was read to you. Arrangements aimed at care fees also need individual advice.

Can someone with dementia make or change a will?

A dementia diagnosis does not automatically mean that someone cannot make a will. Alzheimer's Society explains that capacity matters at the time the will is made and recommends professional help. A solicitor can discuss the person's own wishes and what evidence is needed.

GOV.UK's statutory-will guidance notes that someone unable to manage their finances may still be able to make a will. Where they cannot make the decision, the Court of Protection route may be needed. Being a relative or holding power of attorney is not a reason to complete SwiftWill's interview as if you were that person. Our automated service cannot assess capacity or prepare a statutory will.

What are the inheritance tax thresholds?

There is normally no inheritance tax if the estate is below £325,000 or everything above that passes to a spouse, civil partner or charity (GOV.UK). The rate above the threshold is 40%. If planning is needed, that is a job for a solicitor or tax adviser.

Inheritance tax figures relevant to will planning (checked 24 September 2026)
ItemRule
Threshold (nil-rate band)£325,000. Any unused threshold can pass to a surviving spouse or civil partner.
Leaving a home to children or grandchildrenThe threshold can rise to £500,000 if the estate is worth less than £2 million.
Rate40% on the part above the threshold; 36% on some assets if 10% or more of the net estate goes to charity.
How long the thresholds are fixedUp to and including the 2030 to 2031 tax year (HMRC policy paper, 26 November 2025).
PensionsMost unused pension funds and death benefits come into inheritance tax from 6 April 2027 (HMRC policy paper).

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

A solicitor gives advice about your circumstances, can draft trusts and tax planning, and keeps a record of your instructions and capacity. According to the CMA, a regulated firm must follow its regulator's codes of conduct, you can complain to the Legal Ombudsman about certain problems, and you may have access to compensation through the firm's insurance or a regulator's scheme.

An automated online will is cheaper and quicker for a straightforward estate. SwiftWill costs £35 for one will or £55 for a matching pair, shows a preview before payment and includes free updates for the same people. It does not include individual legal advice or review. Both routes produce a will that is valid only once it is signed and witnessed correctly; see how to sign and witness a will.

How do you choose a solicitor or will writer?

The CMA suggests these checks before you buy:

  • Whether the business is regulated. An SRA-regulated firm shows a green tick and "SRA-regulated firm" on the Solicitors Regulation Authority register.
  • Who will draft the will, and whether it is drafted for you or is a template you fill in.
  • What a fixed fee includes and excludes, and the total you will pay.
  • Their complaints process and whether they have professional indemnity insurance.
  • Whether the service suits the part of the UK where you live.

You can search for a solicitor on the Law Society's Find a Solicitor service. For cost comparisons, see our will cost guide and the provider comparison.

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

Yes. A new will normally includes a clause revoking earlier wills, so a simple will can be replaced when your circumstances change. The exception is a situation you already know needs a trust or tax planning: a simple will does not do that job, so go straight to a solicitor. For a blended family, read second marriage with children and mirror wills, which do not stop the survivor changing their will.

Sources

Sources checked 24 September 2026; the dementia, capacity and statutory-will guidance above was checked against GOV.UK and Alzheimer's Society on 30 September 2026.

Frequently asked questions

Can someone with dementia make or change a will?

A diagnosis alone does not answer whether someone has capacity to make a will. Get a solicitor to assess the situation and record the person's own instructions. SwiftWill cannot assess capacity. Where someone cannot make a will themselves, ask about a Court of Protection statutory will; do not fill in an automated will on their behalf.

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 GOV.UK says you can write your will yourself. Using a solicitor is not itself a validity requirement; capacity, free choice, knowing and approving the contents, and correct signing and witnessing still matter.

When should I definitely use a solicitor for my will?

When you need a trust or inheritance tax planning, own a business or property abroad, want to protect children from an earlier relationship, plan to leave out someone who depends on you, or there is any doubt about capacity or a likely dispute. GOV.UK also recommends advice if you share property with someone who is not your spouse or civil partner.

How much does a solicitor charge for a will?

Solicitors set their own fees, which usually depend on how complicated the will is. The Competition and Markets Authority suggests getting quotes from at least three providers and checking exactly what a fixed fee includes and excludes.

What protection do I have if a will writer makes a mistake?

If the will writer is a regulated firm, such as a solicitor's practice, you can complain to the Legal Ombudsman about certain problems if the firm does not resolve them. Unregulated will writers and online services are covered by general consumer law, and some belong to voluntary bodies with their own complaints schemes.

Can I make a simple will now and see a solicitor later?

Yes. A new will normally revokes the old one, so you can replace a simple will when your affairs change. If you already know you need a trust, though, a simple will is not a stopgap for it.

Does SwiftWill turn people away?

Yes. Nine screening questions run before payment. If any answer shows your situation needs advice, the interview stops, explains why and points you to the Law Society's Find a Solicitor service with a list of questions to ask.

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Published by SwiftWill. First published ; updated . General information for England and Wales, not legal advice. Sources are linked in the guide; publication is not an individual legal review. Spotted an error? See our corrections log.

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