Updated 29th June 2026 Writing a Will is one of the most important steps you can take to protect your wishes and make things clearer for the people you leave behind. Before your Will can be prepared, you will usually be asked to provide proof of identity and proof of address. This is a normal part of the Will-writing process. It helps your legal professional confirm that you are who you say you are, that you are giving instructions for your own Will, and that the right steps are being taken to reduce the risk of fraud or undue influence. You may also be asked for identification if you are dealing with probate, setting up a trust, acting as an attorney or discussing other estate planning matters.
Why do I need ID to make a Will?
A Will is a legally important document. It sets out what should happen to your estate after you die, including your money, property, possessions and any gifts you want to leave to specific people or charities. Because of this, your Will writer needs to be satisfied that:
- you are the person giving the instructions
- your name and address have been recorded correctly
- you have the legal capacity to make a Will
- you are making your own decisions freely
- there are no obvious signs of fraud or impersonation
These checks are designed to protect you, your estate and your beneficiaries.
What proof of identity can I use for Will writing?
You will usually need to provide a document that confirms your name and, ideally, includes a photograph. Common examples of proof of identity include:
- valid passport
- photocard driving licence
- armed forces ID card
- biometric residence permit
- national identity card, where applicable
- firearms or shotgun certificate
- government-issued identity card
- birth certificate, although you may also need an additional form of ID
The exact documents accepted can vary depending on the circumstances. For example, if you do not have photo ID, you may still be able to prove your identity using a combination of other documents.
What proof of address can I use for Will writing?
You will normally also need to provide a separate document that confirms your current address. This should usually be recent and show your name and address clearly. Common examples of proof of address include:
- utility bill, such as gas, electricity or water
- council tax statement
- bank or building society statement
- mortgage statement
- tenancy agreement
- local authority rent card
- house or car insurance document
- HMRC tax document
- pension or benefits letter
- driving licence, if it has not already been used as proof of identity
In most cases, you cannot use the same document as both proof of identity and proof of address. For example, if you use your driving licence as proof of identity, you may need to provide a bank statement, council tax statement or utility bill as proof of address.
Do I need original documents?
You may be asked to provide original documents, certified copies or digital copies, depending on how your appointment is taking place. For an in-person appointment, you may be asked to bring original documents with you. For an online Will appointment, you may be asked to provide copies securely and show the original document during a video call. Your legal professional will let you know what is needed before your appointment.
What if I do not have photo ID?
Not everyone has a passport or photocard driving licence. If this applies to you, do not assume that you cannot make a Will. You may be able to use other documents to confirm your identity, such as a birth certificate, benefits letter, pension document or HMRC correspondence. In some cases, further checks may be needed. The best approach is to explain your situation when you make your enquiry. You can then be advised on which documents are likely to be suitable.
Will I need ID for probate?
If you are dealing with probate, you may also be asked to provide proof of identity and proof of address. This is particularly likely if you are acting as an executor or administrator of an estate. Depending on the estate, you may also be asked for additional information, such as a copy of the Will, death certificate, grant of probate or details of estate assets and liabilities.
Will I need ID to set up a trust?
Yes, identity checks are also commonly required when setting up or managing a trust. This may include checks for the person creating the trust, the trustees and, in some cases, beneficiaries. Trusts can be an important part of estate planning, but they also involve legal and financial responsibilities. Proper identification helps make sure that the trust is set up correctly and that the right people are involved.
Do I need ID for an online Will?
Yes. If you are
making a Will online or by video appointment, you will still need to prove your identity and address. The process may be slightly different from an in-person meeting, but the purpose is the same. Your Will writer needs to check that they are speaking to the right person and that your instructions are being given clearly and freely. At ELM Legal Services, we can discuss your Will and estate planning needs online by webcam, making the process more convenient while still ensuring the right checks are carried out.
Preparing for your Will appointment
Before your appointment, it can help to gather:
- proof of identity
- proof of address
- details of your main assets, such as property, savings and investments
- names and addresses of your chosen executors
- names of the people or charities you want to benefit from your Will
- details of any specific gifts you want to leave
- information about children, dependants or vulnerable beneficiaries
You do not need to have everything finalised before you speak to us. Part of the process is helping you understand your options and make informed decisions.
Speak to ELM Legal Services about making a Will
If you are ready to make a Will, or you are not sure which documents you need, ELM Legal Services can help.
Book a free initial meeting with our friendly team to discuss your circumstances and we’ll explain your options in plain English.
FAQs
Do I need a passport to make a Will?
No, you do not always need a passport to make a Will. A passport is a common form of photo ID, but other documents may also be accepted. If you do not have a passport, your Will writer can advise you on suitable alternatives.
Can I use my driving licence as ID for a Will?
Yes, a photocard driving licence is often accepted as proof of identity. However, if you use it for identity, you will usually need a separate document as proof of address.
How recent does my proof of address need to be?
Proof of address usually needs to be recent, although the exact timescale can vary depending on the type of document. Utility bills, bank statements and similar documents are commonly expected to be dated within the last few months.
Do executors need to provide ID?
Executors do not usually need to provide ID when you are simply naming them in your Will. However, they may need to prove their identity later if they deal with probate after your death.
Can I make a Will if I do not have standard ID documents?
Yes, it may still be possible to make a Will if you do not have standard ID documents. You should explain your situation when you make your enquiry so that you can be advised on the best way to confirm your identity.
