Short Answer – Solicitors prepare the will, document the process, the will makers mental capacity and check for undue influence. The will without the preparatory notes is easy to challenge using a Larke v Nugus Statement
How Solicitors Prepare Wills in 2026
How Do Solicitors Write Wills in the UK?
The Full Professional Process (England & Wales 2026 Guide)
Many people think writing a will is simple: use a template, fill in details, sign with witnesses. AI or DIY precedents can produce a basic document. But solicitors do much more to ensure the will withstands challenges after death. Poor preparation (not just execution) often leads to invalidity, disputes, or court battles—costing estates thousands.
Solicitors follow rigorous best practices (guided by SRA rules, STEP Code, and case law) to protect against claims of lack of capacity, undue influence, or improper advice. Here’s the real step-by-step process solicitors use.
Why Use a Solicitor to Draft Your Will? (Beyond the Basics)
- DIY/online wills work for very simple estates but risk errors in wording, tax planning, or validity.
- Solicitors minimize risks: Detailed notes create a strong defense file if challenged.
- Common failure points: Inadequate instructions, unaddressed prior wills, capacity doubts, or poor execution.
- Professional wills often include tax mitigation (e.g., IHT planning around 2026 APR/BPR changes) and trusts.
GOV.UK and Law Society advice: For complex situations (blended families, businesses, high value, health concerns), use a solicitor.
Step-by-Step: How Solicitors Prepare and Write a Will
Solicitors treat will-making as a thorough legal process, not just document production.
- Taking Detailed Instructions
Meet the client(s) in person (or video for some firms).
Verify identity (passport/driving licence + proof of address).
Discuss wishes: Who inherits what? Specific gifts? Residuary estate? Charities? Guardians for children? Executors?
Ask about family dynamics, potential disputes, digital assets, and funeral wishes.
Key: Comprehensive notes/record of every discussion—essential for future defense. - The Golden Rule: Check for Existing Wills
Always ask: “Do you have a previous will?”
Obtain the original/copy and review it together.
Discuss changes: Why revoke or alter? Document reasons clearly.
This prevents surprises (e.g., accidental revocation) and shows deliberate intent if challenged. - Assess Testamentary Capacity (Banks v Goodfellow Test)
Apply the 1870 case Banks v Goodfellow (still the standard in 2026): The client must:- Understand the nature/effect of making a will.
- Know the extent of their property/estate.
- Comprehend claims of potential beneficiaries (who might reasonably expect inheritance).
- Have no disorder/delusion influencing the will.
Solicitor practice: Observe conversation, ask probing questions, note any concerns (e.g., dementia signs). If doubtful, get medical evidence. Detailed file notes prove capacity.
- Provide Expert Advice and Planning
Explain implications: Intestacy risks if no will; IHT exposure; spousal exemptions.
Suggest improvements: Trusts for minors/vulnerable, life interest gifts, charitable legacies for tax relief.
Flag issues like deprivation of assets (e.g., care home funding—R (Beeson) principles).
Advise on 2026 IHT changes (e.g., relief caps on farms/businesses).
Goal: A better, tax-efficient will—documented in notes. - Draft the Will
Use precise legal language (precedents tailored to client).
Include revocation clause, executor powers, contingencies.
Send draft for approval/amendments.
Finalize only when client confirms. - Execution (Signing and Witnessing)
Arrange in-person signing (or follow remote rules if applicable—rare).
Testator signs at end in presence of two independent witnesses (18+, not beneficiaries/spouses).
Witnesses sign in testator’s and each other’s presence.
Date it. No alterations after signing without re-execution.
Solicitor often witnesses or supervises to ensure validity. - Create and Maintain the Will File
Keep full records: Instructions, notes, drafts, ID copies, capacity observations, advice given.
This protects against Larke v Nugus requests (1979 case): If disputed (e.g., disinherited relative contests), challengers can demand solicitor’s evidence on preparation. Poor/no file → higher risk will fails. - Storage and Registration Options
Advise safe storage: With solicitor (often free/fireproof), home safe, or bank.
Scan/email copy to executors (not original).
Discuss registration: Private services like Certainty National Will Register (records location, not content). Probate Registry option rare.
Warning: Lost will presumed revoked/destroyed—strong reason for professional storage. - Review and Updates
Recommend reviewing every 3–5 years or after life events (marriage, divorce, birth, asset changes).
Use codicil for minor tweaks or new will for major ones.
Common Reasons Wills Fail (Even If Signed Correctly)
- No/lack of capacity evidence (Banks v Goodfellow fails).
- Undue influence/pressure not addressed.
- Previous will ignored → revocation doubts.
- Poor witnessing.
- No file to defend Larke v Nugus challenge.
FAQs: Solicitors and Will Writing in the UK 2026
- Can AI or DIY write a good will? For basic cases yes—but solicitors add protection against challenges.
- How much does a solicitor cost? £150–£600+ (simple to complex with trusts).
- What if capacity is in doubt? Solicitor may require doctor’s assessment.
- What is a Larke v Nugus request? A demand for solicitor’s full notes/statement in disputes—helps resolve without court.
- Scotland/NI differences? Separate rules—use local solicitor.
- Is electronic signing valid? Not for wills in 2026.
A professionally prepared will gives peace of mind and defends your wishes
Contact us for advice –
David Buchanan is a property litigator, conveyancer and private client lawyer with 20 years experience (or more!) in the field. He is currently a consultant solicitor for Taylor Rose.