You must be at least 18 years old and of sound mind to make a valid will in England and Wales.
Why it matters
Age rules ensure that only adults who understand the implications of a will can set out their final wishes. If someone under 18 tries to make a will, it won’t be recognised by the courts, and their estate will be handled under intestacy rules as if no will existed.
Age requirement
- Minimum age: 18 years old.
- Mental capacity: You must understand what a will is, what you own, who you want to benefit and the effects of your choices.
Even if you’re 17 and have significant assets or dependants, you’ll need to wait until your 18th birthday to make a legally binding will.
Common mistakes
- Assuming a guardian can will for a child. Under-18s cannot delegate will-making to parents or guardians.
- Waiting too long. If you inherit or receive assets before 18, plan ahead so you can write your will as soon as you turn 18.
- Confusing living wills with wills. Advance Decisions about medical treatment aren’t the same as wills and have different rules.
Next steps
- Try our Estate Planning Health Check to see what your will needs once you turn 18.
- Complete your details in our paid online will-writing service—it guides you step by step.
- Once you receive your will, make sure you sign it with the required witnesses and store it safely.