Who Can Witness a Will?

The basic rule

A will must be signed by the person making it (the testator) in the presence of two witnesses, who must both be present at the same time and must both sign the will in the testator's presence. Get any part of that wrong and the will may not be valid.

Who can be a witness

A witness must be:

An adult (18 or over in England and Wales). A 17-year-old cannot act as a witness.

Present in person when you sign. Video witnessing is generally not accepted for wills made under English law, although temporary COVID legislation in 2020 allowed it — that has since ended.

Mentally competent at the time of witnessing.

Who cannot be a witness

A beneficiary of the will cannot act as a witness. If a beneficiary witnesses the will, the will itself remains valid but that beneficiary forfeits their gift. The same applies to the spouse or civil partner of a beneficiary. This is one of the most common mistakes people make.

So if your spouse is inheriting your estate (as is common), your spouse cannot be one of your two witnesses. A neighbour, colleague, or friend who is not named in the will is the right choice.

An executor can be a witness, as long as they are not also a beneficiary. An executor who takes nothing from the estate has no disqualifying interest.

Blind witnesses

A blind person cannot act as a witness because witnessing requires visually observing the testator's signature.

Practical advice

Choose two people who are not named anywhere in your will, including as executors who also benefit. Neighbours, colleagues, and friends who you trust to be available on the day work well. Tell them briefly what they are being asked to do: watch you sign, then sign themselves as witnesses.

All three of you must be in the same room at the same time. Sign in front of them; have them sign in front of you. Do not sign the will first and then bring witnesses in separately afterwards.

Both witnesses should print their name and address clearly under their signature. This makes them traceable if the will is ever challenged.

What happens if the witnessing goes wrong

A will that is not properly witnessed is not valid. The estate would then be distributed under the rules of intestacy, or under a previous will if one exists.

If a beneficiary witnesses the will, they lose their gift but the will otherwise stands. So a spouse who witnesses the will ends up with nothing — the intestacy rules or any previous will would govern their entitlement instead.

Both outcomes are avoidable. Take five minutes to choose two witnesses who have nothing to gain from your estate.