Why signing matters
A will is only legally valid if it is signed and witnessed correctly. Getting this wrong, even with a well-drafted will, can mean it has no legal effect at all.
The legal requirements
Under the Wills Act 1837, a valid will must:
- Be in writing (printed paper, not electronic)
- Be signed by the testator (the person making the will)
- Be signed in the presence of two witnesses
- Have both witnesses sign in the presence of the testator
- Both witnesses must be present at the same time
Who can be a witness?
- Must be aged 18 or over
- Must have mental capacity
- Must not be a beneficiary (or the spouse/civil partner of a beneficiary) — if they are, they lose their gift
- Should not be the executor (permitted but not recommended)
Good choices: a neighbour, colleague, friend, or anyone who is not named in the will.
Common mistakes to avoid
- Signing before the witnesses are present
- Witnesses signing in separate rooms or at different times
- Using correction fluid or crossing out after signing
- Witnesses who are also beneficiaries
After signing
Store the original will safely. Tell your executor where it is. Consider registering it with the National Will Register (Certainty).
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