What is a last will and testament?

A last will and testament is a legal document by which a person (the testator) sets out how their estate should be distributed after their death, names an executor to administer the estate, and may appoint guardians for minor children. Without a valid will, the estate is distributed under the statutory intestacy rules of the relevant jurisdiction, which may not reflect the deceased's wishes.

Is an online will legally valid?

An online template produces a valid will if it is correctly signed and witnessed in accordance with the statutory formalities of the relevant jurisdiction. Every jurisdiction requires wet-ink signatures — digital signatures are not valid for wills in any common-law jurisdiction. Print the will, sign in the presence of the required number of witnesses, and store the original safely.

Who can witness a will?

An adult of sound mind who can see the testator sign. In most jurisdictions, witnesses cannot be beneficiaries or the spouses/civil partners of beneficiaries (if they are, the gift to them is void). The testator, witnesses, and all required persons must be present simultaneously for the signing.

Where should I keep my will?

Options include: with your solicitor (often free storage), in a bank safe-deposit box, with a national will register (e.g., Certainty The National Will Register in the UK, US state registries), or at home in a fireproof safe. Most important: tell your executors where the original is kept.

How often should I update my will?

Review your will after major life events: marriage, divorce, birth of a child, death of a beneficiary, major asset purchase or sale, moving jurisdiction. In many jurisdictions, marriage revokes a prior will automatically unless it was made in contemplation of the marriage. Review at least every 5 years even without changes.

The person (or professional) named in the will to administer the estate: apply for probate, collect assets, pay debts and taxes, and distribute the estate to beneficiaries. Executors have fiduciary duties and can be personally liable for misadministration. You can appoint 1–4 executors (varies by jurisdiction) and should include substitutes.

Can I disinherit my spouse or children?

Depends on the jurisdiction. In England & Wales, NI, Australia, NZ and Canada (common law), there is freedom of testation but family-provision legislation allows eligible relatives to claim against the estate. In Scotland and Ireland there are protected legal rights. In the US, community-property states and some common-law states have elective-share rules for spouses.

Do I need a solicitor?

Not strictly, but strongly recommended if your estate is complex (trusts, business interests, foreign assets, blended families, tax planning) or the value is significant. For simple wills, a well-drafted template + careful execution is often sufficient. In any case, have a solicitor review the will before execution.

What is the difference between a will and a living will?

A last will and testament deals with what happens after death. A living will (also called an advance directive or advance decision) sets out your wishes for medical treatment if you become unable to communicate them. They are separate documents and both are worth having.

What happens if I die without a will (intestacy)?

The estate is distributed under statutory intestacy rules, which give specific shares to spouse and blood relatives in a predefined order. Cohabiting partners typically receive nothing under pure intestacy in most common-law jurisdictions. This rarely produces the outcome the deceased would have wanted.

What makes a will valid in England & Wales?

Under section 9 of the Wills Act 1837 (as amended), the will must be in writing, signed by the testator (or by another person at their direction and in their presence), and the signature must be made or acknowledged in the presence of two or more witnesses present at the same time. Each witness must then sign the will or acknowledge their signature in the testator's presence.

Does marriage revoke my will in E&W?

Yes. Under section 18 of the Wills Act 1837, marriage automatically revokes any prior will unless the will was made in contemplation of that specific marriage. Civil partnership has the same effect (Civil Partnership Act 2004).

What is the Inheritance Act 1975?

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people — spouse, former spouse who hasn't remarried, child, cohabitee of 2+ years, or dependant — to claim against the estate if the will (or intestacy) does not make reasonable financial provision for them. Applications must generally be made within 6 months of the grant of probate.

How do legal rights work in Scotland?

Under Scots succession law, the surviving spouse/civil partner has jus relictae/jus relicti (1/3 of moveable estate if there are children, or 1/2 if not), and children have legitim (same proportions). These rights apply only to moveable estate (not land or buildings) and cannot be excluded by will. Beneficiaries must elect between their legal rights and their entitlement under the will — they cannot take both.

Can I make a handwritten will in Scotland?

Yes. A holographic will (handwritten entirely by the testator and signed by them) is valid in Scotland without witnesses, provided the testator's intention is clear. However, for 'self-proving' effect (no need to prove execution in court), the will should be witnessed by one witness.

What did the Succession (Scotland) Act 2016 change?

The 2016 Act simplified some aspects of Scottish succession: it clarified that a divorce automatically revokes provisions in favour of a former spouse; simplified rectification where there is a drafting error; and amended the rules on survivorship. Legal rights remain as before.

Is a Northern Irish will the same as an E&W will?

Substantially yes. The Wills and Administration Proceedings (Northern Ireland) Order 1994 mirrors the Wills Act 1837 in essentials: 2 witnesses present simultaneously, beneficiary-witness prohibition, same formalities. Family-provision claims are under the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979.

How are intestate estates distributed in NI?

Under the Administration of Estates Act (Northern Ireland) 1955, the spouse receives the first £250,000 (statutory legacy) and 50% of the residue (with children) or the whole estate (no children). Children receive the other 50% of residue on statutory trust.

What is a spouse's legal right share in Ireland?

Under the Succession Act 1965, a surviving spouse is entitled to 1/3 of the estate if there are children, or 1/2 if there are no children. The spouse can elect to take either their legal right share or the provision made in the will, but not both (s.115).

Can children challenge a will in Ireland?

Yes, under section 117 of the Succession Act 1965, a child (including adopted and non-marital) can apply to the court if the testator has failed in their moral duty to make proper provision. The court considers all circumstances and may order provision out of the estate.

Are US wills valid in all 50 states?

A will validly executed under the law of one state is generally recognized in another if it complies with either the law of the state where it was executed or where the testator was domiciled at death (Uniform Probate Code § 2-506, adopted in many states). Exceptions exist — Louisiana's civil-law system has stricter formalities.

What is a holographic will?

A handwritten will signed by the testator, with no witnesses. Holographic wills are valid in about 25 US states (including CA, TX, NY, VA) if written and signed entirely in the testator's handwriting. They are risky — courts scrutinize intent carefully — but are permitted.

What are community-property states?

In CA, TX, WA, NM, AZ, NV, LA, ID, WI (and AK by election), assets acquired during marriage belong equally to both spouses. The testator can only will away their half of community property; the spouse automatically keeps the other half regardless of the will.

Is my will valid across Canadian provinces?

Generally yes, if validly executed where you were domiciled. Each common-law province has its own Wills statute but the requirements are largely similar. Quebec is civil-law and has distinct rules including notarial wills, wills before witnesses, and holograph wills, with forced heirship for protected heirs.

What is dependants' relief legislation?

Each Canadian province has a statute allowing a spouse, common-law partner, children, and sometimes grandchildren or parents to apply for adequate provision if the will does not provide for them. Time limits vary — often 6 months to 1 year from the grant of probate.

Is one Australian will valid across states?

Yes in most cases — each state/territory's Wills legislation (Succession Act 2006 NSW, Wills Act 1997 VIC, etc.) recognizes wills validly executed in another state. Uniform in substance: 2 witnesses, beneficiary-witness prohibited.

What is a family provision claim?

An eligible person (spouse, de-facto partner, former spouse, child, certain dependants) can apply to the court if inadequate provision has been made for them. Time limits are typically 6 to 12 months from the grant of probate. Courts weigh the deceased's moral duty and the claimant's needs.

What is the Family Protection Act 1955?

The Act allows certain family members (spouse, civil union partner, de-facto partner of 3+ years, children, grandchildren, stepchildren) to claim against the estate if the testator failed in their moral duty. Claims must generally be made within 12 months of probate.

How does the Property (Relationships) Act 1976 apply?

Where the deceased was in a marriage, civil union, or de-facto relationship, the surviving partner can elect between their entitlement under the will and their equal-sharing entitlement under the PRA — similar to the E&W elective share for spouses.

Can courts save a defective will in SA?

Yes. Section 2(3) of the Wills Act 7 of 1953 gives courts a discretionary power to order that a document drafted by the deceased be accepted as a will even if it doesn't comply with the formal requirements, provided the court is satisfied the deceased intended it to be their will.

What about customary law?

In some cases, African customary law governs intestate succession (Reform of Customary Law of Succession Act 11 of 2009). Testators can still make a statutory will to dispose of their estate, and this generally overrides customary intestacy.

Adapts to 9 common-law jurisdictions

Last Will & Testament —
valid in your country

A guided assistant that adapts to the wills law of England & Wales, Scotland, Northern Ireland, Ireland, the United States, Canada, Australia, New Zealand, and South Africa. Dynamic attestation clauses, beneficiary-witness conflict detection, substitute executors, gift-over clauses.

Start your will

9 common-law jurisdictions

Dynamic wording adapts to E&W, Scotland, NI, Ireland, US, Canada, Australia, NZ, South Africa — with jurisdiction-specific attestation clauses.

Statutory-compliant attestation

The attestation clause and witness requirements adjust automatically. Beneficiary-witness conflicts flagged before signing.

Executors, guardians, trusts

Appoint multiple executors (with substitutes), guardians for minor children, and create simple trusts within the will.

Select your jurisdiction

England & Wales

Wills Act 1837 (as amended), s.9

Witnesses required

Minimum testator age

Short code

E&W

Formalities: Two witnesses must be present at the same time; neither can be a beneficiary or the spouse of a beneficiary (s.15).

Jurisdiction-specific feature: Inheritance (Provision for Family and Dependants) Act 1975 allows certain family members to claim against the estate.

FAQs for England & Wales

Start a will for E&W

How it works

1
Pick your jurisdiction
Choose the country (and, for US/Canada/Australia, confirm state/province applicability). The wording adapts automatically.
2
Enter your details
Full legal name, aliases, address, date of birth, marital status — matters for forced-heirship and revocation rules.
3
Appoint executors
Name 1–4 primary executors and any substitutes. Include a trusted professional where estate is complex.
4
Guardians for minor children
If applicable, appoint guardians. The court has ultimate discretion but will usually respect your wishes.
5
Define gifts and beneficiaries
Specific gifts (items), pecuniary (cash), residuary (what's left). Include substitute beneficiaries for 'gifts-over' if the primary predeceases you.
6
Add witnesses
Independent adults — not beneficiaries or their spouses. The number varies by jurisdiction (2 in most; 1 in Scotland).
7
Print, sign, witness
Print the PDF. Sign in wet ink in the physical presence of the required witnesses, all present at the same time. Store the original safely.

Critical reminders before you execute your will

Digital signatures are NOT valid for wills in any common-law jurisdiction. Print the PDF and sign in wet ink.
Witnesses must be physically present at the same time and watch you sign.
In most jurisdictions, witnesses cannot be beneficiaries (or spouses of beneficiaries) — any such gift is void.
Marriage, divorce, or civil partnership can automatically revoke your will in many jurisdictions. Review your will after any major life event.
For complex estates (trusts, business interests, foreign assets, blended families, tax planning), consult a qualified solicitor — ideally one with STEP or equivalent credentials.

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Legal references by jurisdiction

England & Wales — Wills Act 1837 (as amended), s.9. 2 witnesses required; minimum testator age 18.
Scotland — Requirements of Writing (Scotland) Act 1995 · Succession (Scotland) Act 2016. 1 witness required; minimum testator age 12.
Northern Ireland — Wills and Administration Proceedings (Northern Ireland) Order 1994. 2 witnesses required; minimum testator age 18.
Republic of Ireland — Succession Act 1965, ss.77–78. 2 witnesses required; minimum testator age 18.
United States (generic common law) — Varies by state — typically Uniform Probate Code or common law. 2 witnesses required; minimum testator age 18.
Canada (common-law provinces) — Succession Law Reform Act (ON) · Wills Act (BC, MB, NB, NL, NS, PE, SK) · Wills and Succession Act (AB). 2 witnesses required; minimum testator age 18.
Australia — Succession Act 2006 (NSW) and equivalent state Acts (Wills Act 1997 VIC, Wills Act 1936 SA, etc.). 2 witnesses required; minimum testator age 18.
New Zealand — Wills Act 2007, s.11. 2 witnesses required; minimum testator age 18.
South Africa — Wills Act 7 of 1953, s.2(1)(a). 2 witnesses required; minimum testator age 16.

This template is an assistance tool. Each jurisdiction's statutes evolve — check the current version on the relevant government legislation portal (legislation.gov.uk for UK, irishstatutebook.ie for Ireland, etc.). Have your will reviewed by a qualified solicitor before execution.

Ready to make your will?

Launch the guided assistant — 15 minutes to a jurisdiction-compliant draft.

Start now

Select your jurisdiction

England & Wales

Wills Act 1837 (as amended), s.9

Witnesses required

Minimum testator age

Short code

E&W

Formalities: Two witnesses must be present at the same time; neither can be a beneficiary or the spouse of a beneficiary (s.15).

Jurisdiction-specific feature: Inheritance (Provision for Family and Dependants) Act 1975 allows certain family members to claim against the estate.

FAQs for England & Wales

Start a will for E&W

How it works

Pick your jurisdiction

Choose the country (and, for US/Canada/Australia, confirm state/province applicability). The wording adapts automatically.

Enter your details

Full legal name, aliases, address, date of birth, marital status — matters for forced-heirship and revocation rules.

Appoint executors

Name 1–4 primary executors and any substitutes. Include a trusted professional where estate is complex.

Guardians for minor children

If applicable, appoint guardians. The court has ultimate discretion but will usually respect your wishes.

Define gifts and beneficiaries

Specific gifts (items), pecuniary (cash), residuary (what's left). Include substitute beneficiaries for 'gifts-over' if the primary predeceases you.

Add witnesses

Independent adults — not beneficiaries or their spouses. The number varies by jurisdiction (2 in most; 1 in Scotland).

Print, sign, witness

Print the PDF. Sign in wet ink in the physical presence of the required witnesses, all present at the same time. Store the original safely.

Legal references by jurisdiction

England & Wales — Wills Act 1837 (as amended), s.9. 2 witnesses required; minimum testator age 18.

Scotland — Requirements of Writing (Scotland) Act 1995 · Succession (Scotland) Act 2016. 1 witness required; minimum testator age 12.

Northern Ireland — Wills and Administration Proceedings (Northern Ireland) Order 1994. 2 witnesses required; minimum testator age 18.

Republic of Ireland — Succession Act 1965, ss.77–78. 2 witnesses required; minimum testator age 18.

United States (generic common law) — Varies by state — typically Uniform Probate Code or common law. 2 witnesses required; minimum testator age 18.

Canada (common-law provinces) — Succession Law Reform Act (ON) · Wills Act (BC, MB, NB, NL, NS, PE, SK) · Wills and Succession Act (AB). 2 witnesses required; minimum testator age 18.

Australia — Succession Act 2006 (NSW) and equivalent state Acts (Wills Act 1997 VIC, Wills Act 1936 SA, etc.). 2 witnesses required; minimum testator age 18.

New Zealand — Wills Act 2007, s.11. 2 witnesses required; minimum testator age 18.

South Africa — Wills Act 7 of 1953, s.2(1)(a). 2 witnesses required; minimum testator age 16.

Last Will & Testament —valid in your country

9 common-law jurisdictions

Statutory-compliant attestation

Executors, guardians, trusts

Select your jurisdiction

England & Wales

FAQs for England & Wales

What makes a will valid in England & Wales?

Does marriage revoke my will in E&W?

What is the Inheritance Act 1975?

How it works

Frequently asked questions (all jurisdictions)

What is a last will and testament?

Is an online will legally valid?

Who can witness a will?

Where should I keep my will?

How often should I update my will?

What is an executor?

Can I disinherit my spouse or children?

Do I need a solicitor?

What is the difference between a will and a living will?

What happens if I die without a will (intestacy)?

All-inclusive subscription

Legal references by jurisdiction

Ready to make your will?

Last Will & Testament —valid in your country

9 common-law jurisdictions

Statutory-compliant attestation

Executors, guardians, trusts

Select your jurisdiction

England & Wales

FAQs for England & Wales

What makes a will valid in England & Wales?

Does marriage revoke my will in E&W?

What is the Inheritance Act 1975?

How it works

Frequently asked questions (all jurisdictions)

What is a last will and testament?

Is an online will legally valid?

Who can witness a will?

Where should I keep my will?

How often should I update my will?

What is an executor?

Can I disinherit my spouse or children?

Do I need a solicitor?

What is the difference between a will and a living will?

What happens if I die without a will (intestacy)?

All-inclusive subscription

Legal references by jurisdiction

Ready to make your will?

Last Will & Testament —
valid in your country

Last Will & Testament —
valid in your country