This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn the legal requirements for witnessing a will in England and Wales, including who can act as a witness, how to sign correctly, common pitfalls, and what happens if formalities are not met. An authoritative guide based on current UK law, suitable for solicitors and the public.
Witnessing a will is a fundamental legal requirement that determines whether a person's testamentary wishes can be enforced after they die. In England and Wales, the statutory requirements for witnessing are strict and set out under section 9 of the Wills Act 1837. If these formalities are not correctly observed, a will can be invalid, leading to disputes, estate administration under intestacy rules, delays in probate and unintended distribution of assets. This article explains the current law and practice on witnessing a will, what the rules mean in practical terms, and common pitfalls to avoid.
What the Law Says: Section 9 of the Wills Act 1837
For a will to be valid under English law:
- The document must be in writing.
- The testator (the person making the will) must sign it or direct someone to sign on their behalf.
- The testator must intend that the signature gives effect to the will.
- The testator must sign the will in the physical presence of two witnesses at the same time.
- Each witness must then attest and sign the will in the presence of the testator.
These provisions are mandatory. If any requirement is not met, there is a risk that the will will be treated as invalid by the Probate Registry and courts.
The Role of Witnesses
Number and Presence
- Two witnesses are required for a will to be valid in England and Wales. Both must be present when the testator signs or acknowledges their signature.
- Witnesses must sign the same document that the testator has signed.
- All three individuals - the testator and both witnesses - should be in the same physical space. Virtual witnessing by video link, temporarily allowed during the COVID‑19 pandemic, is no longer lawful after 31 January 2024 and cannot be relied upon for wills signed now.
Who Can Be a Witness
Witnesses must meet all of the following conditions:
- Be aged 18 or over. Under the current law, witnesses must be adults.
- Have the mental capacity to understand that they are witnessing the signing of a legal document.
- Be physically capable of seeing the testator sign. Individuals who cannot see the signature being made (for example, those who are blind) are not suitable witnesses.
There is no requirement that witnesses be UK citizens or residents, but they must be able to sign in person and comply with these conditions.
Who Cannot Be a Witness
The law also specifies circumstances that make a witness unsuitable:
- Beneficiaries named in the will and their spouses or civil partners should not act as witnesses. If a beneficiary or that person's spouse or civil partner witnesses and signs the will, any gift to that beneficiary will be void (the gift is treated as though it was not made). The rest of the will may remain valid.
- Professionals involved in drafting the will, such as solicitors, can act as witnesses provided they are not beneficiaries.
Independence of witnesses is strongly advised in practice to avoid conflicts of interest and challenges in the probate process.
Practical Steps for Valid Witnessing
Signing Process
- The testator signs the will first, or acknowledges an existing signature.
- Both witnesses must be able to see the act of signing and be physically present.
- Each witness then signs the will in the presence of the testator.
Common guidance from legal practice is that witnesses should also provide their full printed names, addresses and occupations, although this information is not a strict statutory requirement for validity. Keeping this information helps if a witness is later required to confirm they saw the signing.
Avoiding Common Mistakes
Errors in witnessing are a leading cause of disputes over wills. Common mistakes include:
- Asking beneficiaries or related parties to witness the will, which can void gifts.
- Witnesses signing at different times or not observing the signing as required.
- Using witnesses who do not meet age or capacity requirements.
Special Situations and Exceptions
Privileged Wills
Certain wills made by members of the armed forces or seafarers on active service have special provisions and may not require the same formal witnessing rules. These are known as privileged wills, but they are limited in scope.
Codicils and Amendments
A codicil (a formal amendment to a will) must be signed and witnessed with the same formalities as the original will.
Video‑Witnessed Wills
Temporary legislation introduced during the COVID‑19 pandemic allowed wills to be witnessed via live video link between 31 January 2020 and 31 January 2024. This legislation has now expired, and the traditional requirement of physical presence applies. Wills validly executed under the temporary provision remain valid, but new wills must comply with standard rules.
What Happens if Witnessing Is Not Done Correctly?
If a will is not properly witnessed:
- A court may determine the will invalid, meaning another previous will (if any) could take effect.
- If there is no valid will, the estate may be distributed under intestacy rules, which may not reflect the testator's wishes.
- Executors and beneficiaries may face delays and disputes during probate.
Disputes over validity often take time and cost, and legal advice should be sought if there are concerns about execution. Legal professionals such as solicitors specialising in wills and estates can provide tailored guidance.
Key Takeaways
Witnessing requirements for a will in England and Wales are defined by the statutory formalities in the Wills Act 1837. A valid will requires:
- A written document signed by the testator.
- Signing in the physical presence of two adult witnesses.
- Witnesses who then sign the will in the presence of the testator.
- Witnesses who meet statutory eligibility criteria and are not beneficiaries or their spouses/civil partners.
Strict adherence to these requirements is essential to ensure that a will can be admitted to probate and that a person's testamentary intentions are respected. Errors or omissions in witnessing are a common cause of invalid wills and subsequent legal disputes.
