Who Can Witness and Sign a Will
Discover who can witness and sign a will
Discover who can witness and sign a will
Witnessing a will is not just a formality. It is a legal requirement under the Wills Act 1837. If your will is not witnessed correctly, it can be declared invalid. This could lead to disputes or even intestacy, where the law decides who inherits your estate.
Witnesses confirm that the testator physically signed the will in their presence.
Key takeaways:
A will needs witnesses to make sure it’s legally valid. Their presence confirms that the will was signed voluntarily. It also helps prevent fraud or coercion.
If someone challenges the will, the witnesses can give evidence about the signing to prove it is valid.
To be able to legally witness a will in the UK, a person must:
If you live in England or Wales, you’ll need two independent witnesses. If you live in Scotland, you only need one.
A solicitor can witness and sign your will. This is quite common. Solicitors are impartial, so they act as a neutral party. This helps reduce the risk of disputes or mistakes in the process. It can also be convenient if you are already at their office to sign the document.
You may also want to use other professionals, like paralegals, accountants or doctors.
Some people are not allowed to witness a will. These include:
A beneficiary shouldn’t be a witness to a will. While the will would remain valid in this situation, the beneficiary would lose out on their inheritance. That means anything left to them in the will is voided, so they will not receive it.
The same rules apply if a beneficiary's spouse or civil partner witnesses a will.
A relative can witness a will, but they can’t be a beneficiary or the beneficiary's partner. Usually, it’s a good idea to choose people who are completely impartial to avoid any potential conflicts of interest.
The best option is usually two independent adults aged 18 or over. They must have the right mental capacity and must not benefit from the will.
Good choices include:
You could ask a stranger to witness your will, but this is not ideal. They may be hard to find later if witnesses need to confirm the will’s validity. It’s better to choose someone reliable and easy to contact.
A will must be witnessed; otherwise, a court can declare it invalid. If this happens, an earlier version of the will (which has been validly signed and witnessed correctly witnessed ) would be legally recognised as the last will. If there isn’t an earlier version, the rules of intestacy apply.
A will is still valid if a witness dies. However, during probate, the executor may need proof that the signatures are genuine. This can be harder if a witness has passed away.
To avoid problems, it’s a good idea to make a new will or add a codicil if one of your witnesses dies. If you are an executor and the will hasn’t been updated, seek legal advice.
Saga is a registered trading name of Saga Personal Finance Limited, which is registered in England and Wales (company number 3023493). Registered office 3 Pancras Square, London, N1C 4AG. Saga is not authorised or regulated by the Solicitors Regulation Authority (SRA). All legal services are provided by Co-op Legal Services. Co-op Legal Services is a trading name of Co-operative Legal Services Limited which is authorised and regulated by the SRA, under registration number 567391.
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