Free and cheap wills

While every effort’s been made to ensure this article’s accuracy, it isn’t intended to be seen as legal advice and no liability can be accepted for any individuals who rely upon the information given.

Let’s be brutal, we’re all going to die. And if it happens when you’re will-less, on top of the grief, it can cause a financial nightmare for the people you care about. This guide will show you how you can get a will made for free either by a solicitor in return for a small charity donation, or DIY if it's simple.

• Do you need a will?
• Option 1: Free or cheap solicitor drafted wills
  • Are you entitled to a free will already?
  • Free or cheap wills via charities
  • Individual Charity Schemes
• Option 2: Low cost online solicitor wills
• Option 3: DIY wills
• Wills and inheritance quick Q&A

Related Guides: Cheapest Life Insurance, Is financial advice worth it
Pension Planning, Inheritance Tax Help

Do you need a will?

Die will-less and your affairs can be in limbo for years. Yet many either don’t want to think about it or are worried about the cost. You must be aware it could leave behind big problems, possibly as severe as being unable to pay the bills as the bank’s locked off the money. So...

Whatever your age, if you’ve assets eg. a house, savings, or a business, and people or others you’d like to look after, consider making a will.

While thinking, talking & planning for death may feel uncomfortable, you need to consider how much worse the situation would be if you died or became incapacitated - through illness, accident, old age or emergency - without sorting it.

There are many specific reasons to write a will including:

• Children: If you have children or step-children under 18, you should choose who will look after them and ensure there are funds to help.

• Unmarried couples: The law doesn’t really recognise this, so without a will don’t expect anything to go to your partner.

• Divorced: You may want to update your will to include what happens to your assets if a previous partner remarries.

• Pets: Decide what should happen to family pets.

• Specific funeral plans: If you know what you want your funeral to be like, you can detail it so that your family doesn’t have to make the decisions.

• Property: ‘Joint tenant’ mortgages automatically pass to the other owner but if you’ve a ‘Tenants in common' mortgage it’s important to say what happens to your share of the house. If you own a property overseas, inheritance laws may be different to the UK.

• Change in circumstances: Update your will when you marry, divorce or have kids.

• Small business: It's possible with sole directors, that if you die without executors no one can make decisions to authorise payments (including to staff), so your business could collapse.

What does a will do?

It has three main functions…

• To name your executors

  These are the people who'll look after the financial process when you die. Try to choose a responsible and trusted friend or relative, who can think clearly in a troubled time. Alternatively some name a bank or solicitor, though they often charge monstrous fees (and can add themselves automatically), so ensure you only allow this if you've chosen it for yourself.

  They’re also the people who will sort out any finances – such as paying off the mortgage and or other debts out of the estate (see what happens to debts when you die).



• To distribute your estate

  This is where you work out who you want your estate to go to. That means everything you own at the point you die, including property, businesses, car, savings, investments, pension fund, life insurance, expensive jewellery, pets and more.

  Be aware though you can’t force people to take what you leave them. Whether it's a sofa, or house in negative equity, they don't have to take it.

• To mitigate inheritance tax

  If you die intestate (without a will) there are strict laws about to whom and how your estate is distributed (see intestate rules). This causes two problems – first the money may not go where you want – and secondly it's likely to be inefficient for inheritance tax purposes.

  The law says you pay 40% of any assets worth over £325,000 that you leave, so those with valuable houses or larger estates could pay a fortune. Yet there are many legal ways to plan to reduce this, see the Inheritance Tax guide.

Option 1: Free or cheap solicitor drafted wills

Wills are legal documents, and as small errors can cause big problems, it's preferable to have someone legally qualified draft it for you. However some solicitors have more expertise at will drafting than others, and just because you get it through a charity is no guarantee of quality.

Unfortunately it not easy to review and qualify individual solicitors (though you can ask for their experience) so our primary focus is on cost not feedback or expertise. If that’s your prime concern then looking for recommendation and reputation of individual will writers or solicitors is the best bet.

Are you entitled to a free will already?

A number of organisations and groups provide wills to limited numbers of qualifying individuals – check if you’re entitled to one of these first.

Trade unions and employers

A number of trade unions including major ones like the Public and Commercial Services Union (PCS), the NASUWT teachers' union, the Fire Brigade Union and Unison offer free or heavily discounted will writing services to their members – so if you’ve got your union card they're worth checking.

Alternatively a few employers may offer will writing as part of their legal services. Do check exactly how it works though, if it's just filling in a template letter you may be better with the full solicitor-drafted options below.

Legal aid for those on low incomes

If you’re on a low income, have little savings and are either over 70, disabled, have a disabled child or are a single parent, you may be able to get help writing a will through the Legal Aid scheme.

The scheme helps those who wouldn’t normally be able to afford legal advice. Find out if you might qualify on the Community Legal Service website.

Included in home or car insurance legal cover

If you opted to get legal cover as part of your home or car insurance policy, check whether it includes a will service, eg MoreThan’s £20 add-on legal service allows access to a range of wills and other legal template documents. Complete your details and it's checked by the legal team, who’ll send the will back to you for signing.

Of course this is only suitable for simple wills, but it's worth seeing if your insurer has it (to compare see the Cheap Car Insurance and Cheap Home Insurance guides).

Free or cheap wills via charities

Many charities offer solicitor will writing schemes, and these are usually completely free. In return, while you’re not obliged to, they hope you’ll make a donation or bequest (a donation in your will) as part of it. Here’s a list of the main schemes...

WillAid - every Nov. for major charities

A UK wide scheme, run every November, WillAid teams up with 1,100 solicitors to provide free wills. One of its main advantages is it doesn’t impose a minimum age on who can get a will.

However, rather than a bequest, it hopes you’ll make a £75 donation (£110 for a couple, £40 to amend an existing will); much less than it’d cost to pay direct, yet if you can’t afford this you don’t have to. Just give what you can.

Step 1: Put your postcode in the WillAid website or phone 0300 0300 013 to find your nearest participating solicitor.
Step 2: Contact it to arrange an appointment, stating you're calling as part of the WillAid scheme.
Step 3: Before you go to the appointment, donate via the WillAid website, and take the print out with you when you go (or you can donate once at the solicitor's).

The money donated is split between ActionAid, British Red Cross, Christian Aid, Help the Aged, NSPCC, Save the Children UK, Sight Savers International, SCIAF and Trocaire. Last year it raised over £1 million for the charities. Solicitors do it primarily to aid the charities, though of course it does bring in potential new customers for other things.

Usually this is a very efficient system. However, for a scheme this size there can be the odd glitch. While no donation is necessary, in the past a small number of solicitors have got shirty about it, so if you can donate something (even if it's far from the requested amount) that’s easier. For a discussion on the etiquette of suggested donations and responses, read the full WillAid discussion.

Also this year it’s also giving a free will registration (to make it easy for your family to find your will) via Certainty National Wills Register. Just enter the code 'willaid2009' when you register.

Quick Stats: Who’s it for? Everyone. When it is? November Where is it? Nationwide Who writes the will? External Solicitor Donation asked for? Suggested donation - £75 single, £110 joint, £40 update

Individual Charity Schemes – pick a charity you’re close to

Most individual charities that operate free will drafting services do it in the hope of a bequest (a donation in your will). This has the advantage that you needn’t pay now, it’ll come out of your estate and its inheritance tax deductable.

Do remember it is a charity paying for your will, and it may be shelling out £100s, so please seriously consider leaving it a bequest.

Cancer Research

Over 55s can get a free will drawn up or updated via the Cancer Research UK FreeWill Service. To get a list of participating solicitors complete the form on the website or call 020 7121 6697.

Once you've chosen the solicitor you want to use, call it to arrange an appointment making sure you mention the Cancer Research free will service. Cancer Research pays the solicitor a set fee.

Quick Stats: Who’s it for? Over 55s. When it is? All year Where is it? Nationwide Who writes the will? External Solicitor Donation Asked for? Bequest hoped for

Insulin Dependent Diabetes Trust

The Insulin Dependent Diabetes Trust (IDDT) provides a free will-making service for the over 50s or its members. It’s free to join but a donation is appreciated. The service lets you both create a will and update an existing one. To do it, you need to email contactus@trustinheritance.com or phone 0800 097 80 12.

You'll be contacted by Trust Inheritance, who handle the service, to arrange a visit to your home. During the appointment it may try and sell you some of its other serivces, be sure to check these are right for you before agreeing. Read more in the IDDT Will for Free leaflet on the IDDT website.

Quick Stats: Who’s it for? Over 50s or trust members. When it is? All year Where is it? Nationwide Who writes the will? Will writing service Donation asked for? Bequest hoped for

The Stroke Association

If you're over 60 The Stroke Association is offering a free simple will. To get info on your nearest participating solicitor either email legacy@stroke.org.uk, print out and post the form on the Stroke Association website or call 020 7566 1505.

Quick Stats: Who’s it for? Over 60s. When it is? All year Where is it? Nationwide Who writes the will? External Solicitor Donation Asked for? Bequest hoped for

Free Wills Month – England and Wales

A small scheme called Free Wills Month runs every May and October offering free wills to the over 55s, yet it's limited to just 20 towns/cities and just 2,400 free wills over the year. Use the drop-down list of towns where solicitors are taking part on the right of the home page to see if there's one available near you.

To be reminded when it is free wills month, get the free weekly MoneySaving email.

Quick Stats: Who’s it for? Over 55s. When it is? May or October Where is it? Nationwide Who writes the will? External Solicitor Donation Asked for? Bequest hoped for one or more of the charities

Free Wills Month – Scotland

Each May Free Wills Month Scotland runs in five towns and cities (Aberdeen, Dundee, Dumfries, Edinburgh and Perth) across the country for over 55s to get help writing a will.

To be reminded when it is free wills month, get the free weekly MoneySaving email.

Quick Stats: Who’s it for? Over 55s. When it is? May Where is it? Aberdeen, Dundee, Dumfries, Edinburgh and Perth Who writes the will? External Solicitor Donation Asked for? Bequest hoped for one or more of the charities

Will Relief Scotland

Each September, another small scheme for Scottish residents is Will Relief Scotland. This is a partnership between Scottish solicitors and five charities based in Scotland specialising in development work and the relief of poverty overseas.

The charities are: Mission aviation Fellowship in Sudan (in Glasgow), Mary’s Meals (in Dalmally, Argyll), EMMS International (in Edinburgh), Blythswood Care (in Evanton, Ross-shire) and Signpost International (in Dundee).

Suggested donations are £70 for a single, £95 for a joint and £35 for an update. The donation is given to the solicitor to pass on to Will Relief Scotland. Find your nearest solicitor on the Will Relief Scotland site or phone 01631 563737.

Quick Stats: Who’s it for? Everyone When it is? September Where is it? Throughout Scotland Who writes the will? External Solicitor Donation Asked for? Suggested donation - £70 single, £95 joint, £35 update

Other charities

If you have a particular charity in mind that you'd like to leave a gift to, check whether it runs a scheme on the National Free Wills Network.

Option 2: Low cost online solicitor wills

If the free solicitor writing services above don’t fit, consider online legal services. These take about an hour to complete and are usually best where affairs are simple.

As with using any solicitor, they are regulated by the Solicitors Regulation Authority. Our expertise, of course, is saving money so the following are based on price not quality.

TotallyFreeWills.com

You can get a free will from Totally Free Wills. It’s for basic wills only, meaning if you've a large estate, own property abroad, have inheritance tax issues or you need other legal services, it's not for you. There's a simple four-step process and you don’t even have to give card details.

Step 1. Input your details so that your ID can be verified to prevent fraud.
Step 2. The will is sent to a local solicitor who'll check it for you to make sure it's legal.
Step 3. The will is returned to you to be witnessed.
Step 4. You keep a copy and send the master back to the solicitor who'll store it for you for free.

These wills are free as they take advantage of a classic web business model – offer free services in the hope people will upgrade to more costly ones (just like Free Anti-virus Software).

Here solicitors pay a fee to be included on its panel, hoping they’ll get some of the more complex wills or they'll be used to administer your estate when you've passed away. The site has been reviewed in the Law Society Gazette but as it’s new we’d love your Totally wills feedback if you use it.

Quick Stats: Who’s it for? Everyone Where is it? Nationwide Who writes the will? Template then checked Costs: Free

Which? Legal Services from £89

Formally known as the Consumers Association, Which? offers a will-writing service with single wills costing £89 and joint wills £129. It says it’s not suitable for those with overseas property, planning to emigrate, wanting to include a business in the will or not wanting to leave a jointly-owned property to the other owner.

You’re asked questions about your personal situation (you can call for telephone support, Mon to Fri 9am to 5pm, when filling in the online form) and an electronic document is sent to a solicitor to be checked. The document is sent back to you 7-10 days later and you can print and store the will.

Quick Stats: Who’s it for? Everyone Where is it? Nationwide Who writes the will? Template then checked Costs: Single £89, Joint £129

MyLawyer from £99

The website MyLawyer offers a fixed-fee legal document service that allows you to carry out certain legal processes, including creating a will, solely online. Prices for wills are £99 for singles and £169 for couples.

You’ll be asked a series of questions to create your document, which will then be sent to a solicitor to check the document (including conflict checks and money laundering) and suggest any changes before being sent back to you. You can check how it will look by using the Try for Free service.

Quick Stats: Who’s it for? Everyone Where is it? Nationwide Who writes the will? Template then checked Costs: Single £99, Joint £169

Find a local solicitor

There are a few commercial comparison services, Bidlegal and Takelegaladvice*, that find local lawyers and compare the costs of legal advice using a ‘Tender’ and ‘Bid’ system.

Once you’ve registered and indicated what legal services you’re after, a tender is sent to firms registered with the site and you are emailed bids from those able to help. You can then decide which, if any, of the bids to accept.

This can be a useful tool to find out how much a solicitor costs compared with others but as they’re new, it’s less a "great way to save money", more a "try it to see if it works for you."

You can also find a local solicitor on the Law Society’s database.

Quick Stats: Who’s it for? Everyone Where is it? Nationwide Who writes the will? Internal Solicitor Costs: Various

Wills for women from £175

A firm of will writers aimed specifically at women, Wills4Women have a home visit, telephone or home party will-writing service. A basic will costs £175 for a single, £275 for joint.

Quick Stats: Who’s it for? Women wanting a home visit or phone service Where is it? Nationwide Who writes the will? Will Writing service Costs: Single £175, Joint £275

Step 3: DIY wills

If you’ve very simple circumstances, a ‘template’ will available from stationery shops or computer software packages which you complete and fill at home can be a cheap way to do it. Perhaps the best known of these is the Lawpack* brand. Do remember the potential Inheritance Tax issues though.

There are some basic legal requirements that are needed to make a will and DIYing will mean this rests on your shoulders.

For example, you must be over the age of 18 and have the mental capacity to make a will. It also needs to be dated and witnessed correctly and state that it replaces all previous versions (and if there are any, these should be destroyed).

It’s common for people to make mistakes, such as names of people or charities being misspelled or information about assets being too vague, so be careful and be as specific as possible.

In anything other than simple cases, as it’s a legal document, a solicitor or qualified will writer should check your document fully to ensure its accuracy and to avoid the chance of it being invalid or contested when you die, which could cost more in the long run.

You’ll also be covered by its professional indemnity insurance if something’s wrong (or the Society of Will Writers or Institute of Professional Will Writers code of practice if it's a member).

Wills and inheritance quick Q&A

Q. How do you store a will?

A. Once you’ve created a will, it’s usually stored with a solicitor and you get a copy. Most charge a small fee for this. If you'd rather store it yourself, you can just keep it at home but this isn’t really recommended. The High Court of Justice can keep it for you for a fee of £15. Withdrawing it is free. More info on the HMCS website.

Q. Do debts die with you?

A. This is commonly held myth. While it's true to an extent, as always with these things it’s a lot more complex than that.

If you have debts including credit card, loan or mortgage balances, then that amount will come out of your estate before your beneficiaries will get the money. If you don't have any assets at all then the debts will be written off. Here’s three simplified examples to help explain it...

• Debts £100,000, no assets. This is simple, you’ve nothing to leave and no one has to take the debts.

• Debts £40,000, you own a £200,000 home. Here the debt will need paying or sorting from the estate before the person you left the home to can take it.

• Debts £120,000, you own a £100,000 home. Again for someone to get your home the debts will need clearing. Your beneficiary could choose to pay this to keep hold of the house, but of course it’d mean they’d take on the extra debt. Alternatively they could choose not to take the home.

For full details on this see the Direct.gov website.

Q. How much is inheritance tax?

A. Inheritance Tax is what you (or technically your estate) has to pay if the value of your estate exceeds the government’s threshold, currently £325,000 per person.

Anything above this limit is taxed at 40%, so can cost loved ones hundreds of thousands in the event of your death. Yet it's possible to legally avoid huge swathes of it, or possibly pay none at all. See the Inheritance Tax guide for more info.

Q. Can I leave a will for if I become incapacitated?

A. It’s not just when you die that having a will can come in useful. Everyone should consider having a will to say who should look after their finances if they become unable to do it themselves; due to dementia, mental illness or being in an accident. Or if you know that’s coming, appoint what’s called a lasting power of attorney.

If you’ve no living will or lasting power of attorney, and this happens to you, the responsibility for looking after your estate passes to the government.

If you’ve nothing in place, your family will need to apply for a court order, which can take years to process, to get back in control of your estate. More info about this on the Public Guardian website.

Q. What happens if I don’t leave a will?

A. Hundreds of thousands of people die each year without having a will, known as intestacy, making it complex for all family left behind, especially if you are not married.

If this happens to you, there are strict rules on what will happen to your estate and it could leave someone you want to protect unprotected. What happens depends on where in the UK you live...

• In England, Wales or Northern Ireland.

  Married couples / Civil Partnerships. For those who are married i.e. not just co-habiting, the rules depend on whether you have children or not.

  If you have children the first £250,000 goes to your spouse; the remainder is split between your children.

  If you’ve not got children the first £450,000 goes to your spouse; the remainder to any surviving parents. But if there aren't any, then it’ll pass to your siblings. And if you don’t have any either, then the rest will also go to your spouse.

  If you’re not married (inc. living together). Here the money is distributed to kids if you have them, if not, to surviving parents. If there aren’t any of those it’s to brothers and sisters, grandparents, aunts and uncles in that order…and finally to the state if you have no surviving relatives

  This means an unmarried partner is not entitled to ANYTHING. For more info see Direct.gov, plus see proposed rule changes in the Inheritance rights MSE News story.

• In Scotland

  The rules are more complicated in Scotland, depending as well on the value of your property, furniture and cash savings, see the HMRC rules of intestacy for more info