Short answer
How to choose between a solicitor, a will writer and a DIY will, what to decide about executors and guardians, and how estate planning works in the US.
A will says who gets what when you die, who deals with your estate, and who looks after your children if they are still young. Getting it wrong can mean your wishes are ignored or your family faces delay and cost. The good news is that a straightforward will is usually not complicated to arrange. The main decision is who writes it. This is general information, not legal advice; rules on wills differ between countries and, in the US, Canada and Australia, between states and provinces.
The three main routes
A solicitor or lawyer
A solicitor (or lawyer, or attorney) is regulated, carries professional indemnity insurance and can advise on the wider picture: tax, trusts, property owned abroad, a family business, blended families or someone who may challenge the will. If anything about your situation is unusual, this is usually the safest choice.
A professional will writer
In England and Wales, writing a will is not a reserved legal activity. That means anyone can offer will writing as a paid service, whether or not they are legally qualified or regulated. Many will writers are competent and cheaper than a solicitor, but you have less protection if something goes wrong.
If you use a will writer, check whether they belong to a professional body such as the Society of Will Writers or the Institute of Professional Willwriters. Ask whether they hold professional indemnity insurance, whether they follow a code of practice, and how complaints are handled. Ask too where your original will will be stored and whether storage carries an ongoing charge.
DIY wills and online services
A DIY kit or an online will service can work for a very simple estate: one person, no complicated assets, everything going to a spouse or partner, then to children equally. The risks are in the execution. A will that is not signed and witnessed correctly can be invalid, and wording that seems clear to you can be ambiguous to a court.
In England and Wales, a will must be signed in the presence of two witnesses, who also sign. A witness, or the spouse or civil partner of a witness, should not be a beneficiary, or that gift can fail. Witnessing rules vary in other countries and states, so follow the instructions for where you live.
Decisions to make before your appointment
Whichever route you choose, you will save time and money by working these out first.
- Executors. The people who will deal with your estate. Choose people who are organised, trustworthy and likely to outlive you. Many people name two, or name a replacement in case the first cannot act. A professional executor is possible but will charge for the work, so ask how.
- Guardians. If you have children under the age of adulthood, name who should look after them. Talk to the people first. Consider naming a backup.
- Beneficiaries. Who gets what, including specific gifts and the "residue" (everything left after debts, costs and specific gifts).
- What happens if a beneficiary dies first. Should their share pass to their children, or to the other beneficiaries?
- Assets. Property, savings, pensions, life insurance, investments, digital accounts and anything abroad. Some pensions and policies pass by nomination rather than through the will, so check those separately.
- Funeral wishes. Not binding in every jurisdiction, but useful guidance for your family.
Keeping your will up to date
A will is not a one-off document. Review it when your life changes: marriage or civil partnership, separation or divorce, a new child, buying property, moving abroad, or the death of an executor or beneficiary.
In England and Wales, getting married or entering a civil partnership normally cancels an existing will unless it was written in expectation of that marriage. Divorce does not cancel the whole will, but it generally treats your former spouse as if they had died for the purposes of the will. Other jurisdictions have different rules, so check locally.
Do not write changes on the original will. Small changes can be made with a formal addition called a codicil, signed and witnessed like the will itself. For larger changes, a new will is usually cleaner.
Lasting powers of attorney
A will only takes effect after death. If you lose the capacity to make decisions while you are alive, a separate document lets someone you trust act for you. In England and Wales this is a lasting power of attorney, which has to be registered with the Office of the Public Guardian before it can be used. Other countries have their own versions, often called an enduring power of attorney or a durable power of attorney. Many solicitors will prepare these alongside a will.
United States: estate planning attorneys and living trusts
In the US, wills are governed by state law, so signing and witnessing requirements, and the probate process, vary by state. An estate planning attorney will typically offer a package that may include a will, a durable power of attorney for finances, a healthcare directive and sometimes a trust.
A revocable living trust is a common concept you will hear about. You transfer assets into a trust during your lifetime, usually keep control of them as trustee, and name who receives them after your death. Assets held properly in the trust can often pass without going through probate, which can save time and keep matters private. A trust only works for assets actually moved into it, so funding the trust is an important step. Whether a trust is worth it depends on your state, your assets and your family, which is a question for a licensed attorney in your state.
To check a US attorney, use the state bar's lawyer lookup to confirm they are licensed and in good standing.
Canada and Australia
In Canada, wills are a provincial matter. Lawyers prepare most wills, and in Quebec notaries also prepare notarial wills, which have special status there. In British Columbia, notaries public can also prepare wills. In Australia, wills are governed by state and territory law, and lawyers commonly prepare them; each state also has a public or state trustee body that offers will services. In both countries, check the law society or relevant body in your province or state.
Questions to ask whoever writes your will
- Are you a solicitor or lawyer? If not, which professional body do you belong to, and are you insured?
- Is the price fixed? What is included, and what costs extra (mirror wills for couples, trusts, powers of attorney, storage)?
- Will you supervise the signing, or explain exactly how to sign and witness it?
- Where will the original be stored, and how will my executors find it?
- Do you suggest naming you or your firm as executor? If so, how would you charge for that?
Be cautious if someone pushes you to name them as executor, sells you storage you did not ask for, or offers a trust without explaining why you need one. For more on legal fee arrangements, see how to choose a lawyer and understand their fees.