Who Can Witness a Will?
In England and Wales, a will must be signed in front of two witnesses who are both there at the same time. Almost any adult can do it, as long as they are 18 or over, they understand what they are watching, they can see you sign, and they are not inheriting anything under the will.
That last condition is the one that catches people out, and it is worth understanding properly before you ask anyone.
What the law actually requires
The rules come from section 9 of the Wills Act 1837, which is still the governing law. For a will to be valid it must be:
- in writing
- signed by you (the person making the will, known as the testator), or by someone else in your presence and at your direction
- signed in a way that shows you intended the signature to give effect to the will
- signed or acknowledged by you in front of two or more witnesses present at the same time
- signed by each of those witnesses in your presence
GOV.UK adds that you must be 18 or over, of sound mind, and making the will voluntarily. Everything else on this page follows from those few lines.
Who can witness a will: the three conditions
A witness needs to meet all three.
They must be 18 or over. In England and Wales that is the age GOV.UK gives for both witnesses.
They must understand what they are doing. A witness needs no legal training and does not need to read your will, but they do need to understand that they are watching someone sign a legal document. Somebody asleep, unwell or who has had a few drinks is not a safe choice, because a witness may one day be asked to confirm what they saw.
They must be able to see you sign. Witnessing is a visual act, so your witness needs a clear view of you putting your signature on the page. That is why everyone has to be in the same room.
Who cannot witness a will, and what happens if they do
A beneficiary must not witness your will. Neither must the husband, wife or civil partner of a beneficiary. This comes from section 15 of the Wills Act 1837.
If one of them does, the will itself usually stays valid but their gift fails. They do not inherit. The rest of your wishes carry on exactly as written, and the person you were trying to provide for is the one who loses out. Asking the wrong person does not usually destroy your will. It quietly removes somebody from it.
Also avoid anyone under 18, anyone who cannot see the signing, and anyone who might later have a reason to argue about what your will says. A witness with no stake in the outcome is much harder to challenge.
Can this person witness my will?
Use this as a quick check before you ask anyone.
| Who they are | Can they witness? | If they do anyway |
|---|---|---|
| Someone inheriting under the will | No | The will stands, but their gift fails and they inherit nothing |
| The spouse or civil partner of someone inheriting | No | The will stands, but that beneficiary's gift fails |
| Your own husband, wife or civil partner | Almost never in practice, because they are usually a beneficiary | If they are a beneficiary, their gift fails |
| An adult child who inherits | No | Their gift fails |
| An adult child who inherits nothing | Legally yes | Permitted, but a relative is easier to challenge than an independent witness |
| A brother, sister, cousin or niece who inherits nothing | Legally yes | Permitted, with the same caution about later challenges |
| An in-law who inherits nothing and is not married to a beneficiary | Legally yes | Permitted, with the same caution |
| Your executor, who inherits nothing | Yes | Permitted and common |
| Your executor, who is also a beneficiary | No | Their gift fails |
| A neighbour, friend or work colleague with nothing to gain | Yes | The safest everyday choice |
| Your solicitor | Yes | Often the simplest option, and they can record that you understood what you were signing |
| Someone under 18 | No | The will risks being invalid |
| Someone who cannot see you sign | No | The will risks being invalid |
Can a family member witness a will?
Legally, yes, provided they are not inheriting and are not married to or in a civil partnership with somebody who is.
Practically, it is worth pausing. A witness closely connected to you gives someone an easier argument to make about pressure or influence if your will is ever questioned. It does not make the will invalid. It makes it easier to attack, so an independent witness is the stronger choice where you have one available.
One point that gets missed: pick witnesses likely to outlive you and still be findable. A witness who has moved abroad is hard to trace years later, and that slows things down for your executors.
Can a married couple both witness the same will?
This is a common question and a hard one to find a straight answer to online, because most guidance only covers the spouse of a beneficiary.
What the rules clearly say is that the restriction attaches to inheriting, not to the couple's relationship with one another. So the question is not "are these two married to each other?" but "is either of them inheriting under this will, or married to somebody who is?" If the answer to both halves is no, the section 15 problem does not arise.
If you are unsure, the safest route is to use two unrelated witnesses, or to have your solicitor arrange the signing.
Can an executor witness a will?
Yes, and it is often the easiest answer to the whole problem.
Where a solicitor prepares your will they will usually witness the signing as part of the work. That removes any question about whether the signing was done correctly, and it means somebody was present who can confirm you understood the document and were acting freely, if that is ever queried.
A will does not have to be written or signed by a solicitor to be valid, and you can write your own. What a solicitor adds is that the signing is handled properly first time, which is the part that cannot be fixed afterwards. Our wills service covers drafting and signing together, with guide fees on our fees page.
How many witnesses does a will need, and who signs first?
Two, and both must be there at the same time when you sign.
The order matters more than most people expect:
- Everyone gets in the same room. You and both witnesses, together, before anything is signed.
- You sign, in full view of both witnesses. If you have already signed, you point to your signature and confirm to both of them that it is yours.
- The first witness signs, while you and the second witness watch.
- The second witness signs, while you and the first witness watch.
Each witness then adds their full name, address and occupation, so they can be traced if anyone ever needs them to confirm what happened.
Two further points. Your witnesses do not need to read your will or know what is in it. And all the signatures belong to the same sitting: one witness signing in the morning and the other that evening is the kind of gap that causes problems later.
Remote witnessing by video call was allowed temporarily during the coronavirus pandemic. That arrangement has ended, and wills must be witnessed in person again.
So who can you actually ask?
If your family are all beneficiaries and their partners are too, the list of people you are allowed to ask can start to look very short. It is not.
- A neighbour. The most common choice there is. They watch you sign and add their details, nothing more.
- A colleague. Two people at work, if you would rather keep it away from home.
- A friend who is not in the will. Someone reliable and easy to find in future.
- Your solicitor. If getting two suitable people into one room is the obstacle, this usually solves it.
- Your doctor. Worth considering if anyone might later question whether you understood what you were signing.
Nobody has to agree to be a witness, and anyone uncomfortable, or who realises they stand to inherit, should say so rather than sign.
If travelling is difficult, or the person making the will is unwell or in hospital, we can come to you. Home, hospital and hospice visits are often the practical answer to the signing rather than a luxury.
Do the rules differ in Scotland and Northern Ireland?
Yes, and it matters, because much of the guidance you will find online describes a different legal system. Everything on this page applies to
England and Wales.
Scotland requires one independent adult witness rather than two, that witness can be 16 or over, and the person making the will signs the bottom of every page. Northern Ireland requires two witnesses aged 18 or over.
If the will covers assets outside England and Wales, or the person making it lives elsewhere, take advice on which country's rules apply before signing.
Can a beneficiary witness a will?
No. If they do, the will usually remains valid but their gift fails, so they inherit nothing. The same applies to the husband, wife or civil partner of a beneficiary.
Can witnesses to a will be related to each other?
No rule requires your two witnesses to be unconnected. What matters is that neither is inheriting, and neither is married to or in a civil partnership with someone who is.
Does a witness have to read the will?
No. A witness confirms that they saw you sign it, and does not need to read it or know what it says.
What happens if a witness dies before I do?
Your will remains valid. A witness only needs to be present at the moment of signing, so you do not need to make a new will because a witness has since died.
Can a blind or partially sighted person witness a will?
Witnessing means seeing the signature being made, so choose a witness who can see you sign.
What happens if a will is not witnessed properly?
? It can be declared invalid. An earlier valid will then takes effect instead, and if there is no earlier will the intestacy rules decide who inherits rather than you.
Where should I keep the will once it is signed?
Somewhere safe, and somewhere your executors know about. Our guide on where to store your will covers the options.
If you would like a hand with the signing
Most people only do this once, and the part that cannot be corrected afterwards takes ten minutes to get right. If you would rather not leave it to chance, we can draft your will and handle the signing with you.
No pressure and no obligation. Call us on 0208 515 2790 for a free 20-minute chat, or send us an enquiry.
Author Bio:
Nasreen Akhter is the founding director of Ash Hill Solicitors and a private client solicitor with over a decade of experience in probate, wills, estate planning and elderly client care. Known for her calm, compassionate approach, she guides individuals and families through life's most sensitive legal matters with clarity and care.
Nasreen is also an accredited civil and commercial mediator, and is listed on the Solicitors Regulation Authority (SRA) register. Outside of work, she's a dedicated mum and chairs Happy Orphans Worldwide, a charity supporting vulnerable children worldwide.
