Wills and Trusts

Will writing service

A will drafted after we have checked how your home is owned. A single will for one person, or mirror wills for a couple. Fixed fee agreed in writing before a word is written.

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A will writing service drafts a valid will setting out who inherits your estate, who administers it as executor and, where there are children, who is appointed guardian. Property Law Online drafts single wills and mirror wills on a fixed fee across England and Wales, after checking how your property is actually owned.

Why instruct us

  • Fee agreed in writing before we start
  • Covering England and Wales

What does the will writing service include?

One document that does five jobs, and a check of the title register before any of them, because how the home is owned can override what the will says.

  • Executors

    Who administers the estate, with substitutes if they cannot act, and the powers they need to sell or hold the property.

  • Guardians

    For children under eighteen, with a substitute, and a trust to hold their inheritance until an age you choose.

  • Specific gifts

    The property, particular items and sums of money to named people or charities, with what happens if a beneficiary dies before you.

  • Residue

    Everything left over after debts, tax and gifts. It is the clause that does most of the work, and one a home-made will can leave out.

  • Property check

    We obtain the title register and confirm whether the home is held as joint tenants or tenants in common, and whether a severance is needed for the will to reach your share.

  • Signing guidance and storage

    Written instructions on who may witness, a signing appointment if you want one, and secure storage of the original with your executors told where it is.

Who needs our will writing service?

The main case is a single will: anyone making a will on their own account, single people, people whose partner is making a different will, and couples whose plans do not mirror each other. If you and a partner want the same beneficiaries, mirror wills are usually the better fit, and the finder below tells you which.

Single people who own a home
Without a will the intestacy rules decide, in a fixed order, who gets the house. A will lets you choose, and name someone you trust to deal with the sale.
Parents of children under eighteen
A will is the usual place to appoint guardians, though any written appointment signed and dated by a parent with parental responsibility is valid (Children Act 1989 section 5(3) and (5), checked 26 September 2026). A will can also hold the children's inheritance in trust until an age you choose, rather than paying it out at eighteen.
Unmarried partners
The intestacy rules make no provision for a cohabiting partner at all. A will is what gives them the home, or the right to stay in it.
Anyone separating or divorcing
Until the final order, a spouse still inherits under the old will, and under intestacy too unless a judicial separation order (for civil partners, a separation order) is in force. A new will, usually with a severance of the joint tenancy, closes that gap immediately.
People with a second family
Balancing a current partner against children from an earlier relationship usually needs a trust over a share of the home, which a simple gift cannot achieve.
Not right for
Couples with matching plans, who should look at mirror wills, and estates with business or agricultural property, foreign assets or a disabled beneficiary needing a specialist trust. We say so before you instruct, and refer you on if needed.

Single will or mirror wills?

Usually two questions decide whether one will or a matching pair fits your situation.

Your situation
Do you and a partner want the same beneficiaries?

Answer both and we tell you which to make.

How do we draft your will?

Four stages. The register comes first because it can contradict what people believe their will can do.

  1. Title register checked

    Before we draft a word we look at how any property is held. A house owned as joint tenants passes to the survivor whatever the will says.

    Day 1

  2. Instructions taken

    Executors, guardians, specific gifts and residue, with substitutes for anyone who cannot act. A short call or a written questionnaire, whichever you prefer.

    Week 1

  3. Draft sent with a plain-English note

    Each clause explained: what it does and why it is there. Where the home is held as joint tenants and you intend otherwise, a severance notice is prepared alongside.

    Week 1 to 2

  4. Signing and storage

    Signed in the presence of two independent adult witnesses, who then sign in your presence, as section 9 of the Wills Act 1837 requires. The original is stored and your executors told where it is.

    Week 2 to 3

What does a will cost?

Property Law Online is not yet taking instructions, so there is no fee to quote today. This section explains how the cost of this work is usually made up.

A will is one fixed fee, quoted in writing before you instruct us. It covers the register check, your instructions, the draft, one round of changes and the signing guidance. Tell us whether you own property and whether you want a trust in the will, and we reply by email.

Usually covered by the professional fee

  • Title register check on any property you own
  • Instructions by call or questionnaire
  • Drafted will with a plain-English explanation of each clause
  • One round of amendments
  • Signing guidance and storage of the original

Paid to others, passed on at cost

  • A severance of joint tenancy, if the register shows one is needed, quoted alongside
  • A deed of trust recording unequal shares in the home
  • A lasting power of attorney, often made at the same time
  • Specialist tax planning for business, agricultural or foreign assets

What can add to it: a life interest or discretionary trust in the will, a property abroad, or several substitute beneficiaries with different conditions. Each is quoted before you instruct, never afterwards.

What happens if you die without a will?

  • The intestacy rules decide instead of you

    Without a will, section 46 of the Administration of Estates Act 1925 fixes who inherits. A surviving spouse or civil partner with no children takes the whole estate. With children, they take the personal belongings, then a fixed sum of 322,000 pounds, then half of what is left outright, the other half going to the children (the figure is set by the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023, in force 26 July 2023 and applying to deaths on or after that date, checked 20 September 2026). With no spouse or civil partner, the estate passes down the list: children, then parents, then brothers and sisters of the whole blood, then of the half blood, then grandparents, then uncles and aunts, and finally, if nobody qualifies, to the Crown as bona vacantia, or to the Duchy of Lancaster or the Duke of Cornwall where the last address was in the County Palatine of Lancaster or in Cornwall, including the Isles of Scilly (section 46(1)(vi), checked 26 September 2026). You cannot leave anything to a friend, a charity or a stepchild, and nobody you chose administers the estate.

  • An unmarried partner gets nothing

    A cohabiting partner is not in the statutory order at all. Their only route is a court claim under the Inheritance (Provision for Family and Dependants) Act 1975, with a strict deadline, against the people who inherited in their place.

  • Nobody has appointed a guardian

    If both parents die without naming a guardian, the family court decides who raises the children. A will is the usual place to make that appointment yourself, though any written appointment signed and dated by a parent with parental responsibility is valid (Children Act 1989 section 5(3) and (5), checked 26 September 2026).

  • The house goes the other way anyway

    A home held as joint tenants passes to the co-owner by survivorship, will or no will. If you meant your share to go to your children, only a severance and a will together achieve it. We check the register before drafting so this is caught, not discovered at probate.

What can a will reach, and what passes outside it?

A will governs the estate: what you own in your own name, and your share of anything held as tenants in common. It does not govern assets that pass by their own rules. A property held as joint tenants, most pension death benefits, life policies written in trust and, usually, joint bank accounts. For many homeowners the house is the largest asset, which is why we start with the register rather than the will.

Where the home is held as joint tenants and you want your share to go elsewhere, a severance of joint tenancy converts it to tenants in common, and the will can then deal with your share. Joint tenants or tenants in common explains the difference in full.

Passes under the willPasses outside the will
Your share of a property held as tenants in commonA property held as joint tenants, to the survivor automatically
Savings and investments in your sole nameJoint bank accounts, in most cases
Personal possessions and vehiclesDeath-in-service benefits and most pension lump sums, paid at the scheme's discretion
Business interests, subject to any partnership agreementLife policies written in trust
Anything not otherwise disposed of, the residueAssets already given away in your lifetime
A property in your sole nameAssets held in a trust you set up earlier

Does marriage or divorce cancel a will?

Marriage revokes an earlier will under section 18 of the Wills Act 1837, and forming a civil partnership does the same under section 18B, unless it appears from the will itself both that the person making it was expecting to marry or form a civil partnership with that particular person and that the will was not to be revoked by it (checked 20 September 2026). A marriage that results from converting an existing civil partnership does not revoke the will at all. A will made before a wedding can be cancelled by it, leaving the maker intestate.

Divorce or dissolution does not revoke the will, but a final order means the former spouse is treated as having died before you: any gift to them fails and their appointment as executor or trustee lapses, unless a contrary intention appears by the will, under section 18A of the Wills Act 1837, with section 18C for a civil partnership (checked 20 September 2026). If no substitute was named, the will may have gaps. Separation without a final order changes nothing, which is why a new will should be made as soon as a relationship ends, not when the paperwork completes.

How must a will be signed to be valid?

Section 9 of the Wills Act 1837 requires the will to be in writing, signed by you (or by someone at your direction, in your presence), with two witnesses present at the same time who then each sign in your presence. A gift to a witness, or to that witness's husband, wife or civil partner at the time the will is signed, is void as against that person, under section 15 of the Wills Act 1837 read with paragraph 3 of Schedule 4 to the Civil Partnership Act 2004 (checked 19 September 2026). The will itself stays valid and the rest of it takes effect. Section 1 of the Wills Act 1968 can save the gift, but only where a third, disinterested witness also signed, so that the will was properly executed without the interested one; where only the usual two witnesses signed, it cannot. It is a mistake a home-made will can make, and it comes to light only after the death. So we give written signing instructions with every draft.

How long does it take to make a will?

Two to three weeks from instructions to a signed will, and faster where it is urgent. The register is checked on day one, the draft follows within a week of your instructions, and signing is arranged as soon as you have approved it. A severance of joint tenancy, where needed, runs in the same window.

What changes the timescale

  • How quickly you can settle on executors, guardians and beneficiaries
  • Whether a trust is included, and how much explanation it needs
  • Whether a severance of joint tenancy is needed first
  • How quickly you can sign with two independent witnesses present

Frequently asked questions

Can I write my own will?

You can, and a properly signed and witnessed home-made will is valid. They can also be disputed, for example over unclear wording, a missing residue clause or a witness who was also a beneficiary. The cost of putting that right after death dwarfs the cost of having it drafted.

What information do I need to give you?

The names and addresses of your executors, guardians and beneficiaries, a list of any specific gifts, the address of any property you own, and a rough picture of the rest of your estate. We obtain the title register ourselves. A short questionnaire covers all of it.

Who should I appoint as executor?

Someone organised, likely to outlive you and willing to act. Two executors, or one with a substitute, avoids problems if one cannot serve. Executors can also be beneficiaries. A professional executor is worth considering where the family is likely to disagree.

Can I leave my share of the house to my children if I own it with my partner?

Only if you hold it as tenants in common. As joint tenants your share passes automatically to your partner, whatever the will says. Severing the joint tenancy first, by written notice and form SEV at HM Land Registry, is the answer, and we prepare it alongside the will.

Where should the original will be kept?

Somewhere your executors can find it, because a copy is not sufficient for probate without a court application. We store the original and give you a certified copy, and we tell your executors where it is. You can also store it with HM Courts and Tribunals Service: you attach form PA7ENV to the envelope, post it by recorded delivery to the Newcastle District Probate Registry and pay a one-off fee of £24 by cheque or postal order, and a lodgement certificate follows about two weeks later (GOV.UK guidance on storing a will with HMCTS, updated 13 July 2026, checked 20 September 2026).

Can someone challenge my will?

A spouse, former spouse, child, cohabitant or anyone you maintained can claim under the Inheritance (Provision for Family and Dependants) Act 1975 if the will does not make reasonable provision for them. Clear drafting and a letter of wishes explaining your reasoning reduce the risk, but cannot remove it.

How often should a will be reviewed?

Every five years or so, and immediately after marriage, divorce, a birth, a death in the family or a change in what you own, particularly a house purchase or a change in how it is held. A short review can catch gaps before they matter.

Sources and further reading

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