Who Can Witness a Will in the UK (and Who Can’t)
Introduction
When making your Will, one small but crucial detail often gets overlooked: who witnesses it. You might think it’s just a formality, but getting it wrong can invalidate your entire Will meaning your wishes might not be carried out as intended.
In the UK, the law sets out clear rules on who can and can’t witness a Will. It’s simple once you know, but misunderstandings are common, especially when people sign their Wills at home or without professional guidance.
This blog explains who can act as a witness, who can’t, and how to make sure your Will is legally valid and properly signed.
Why Witnesses Matter
Witnesses are there to confirm that:
You signed your Will willingly and understood what you were doing.
You were not under pressure or influence from anyone else.
The signature on the Will genuinely belongs to you.
Without valid witnesses, your Will may be legally invalid. That could lead to confusion, disputes, or even the application of intestacy laws — where your estate is distributed according to strict legal rules rather than your personal wishes.
Who Can Witness a Will
Under UK law, witnesses must meet the following requirements:
Age: Witnesses must be over 18 in England, Wales, and Northern Ireland (over 16 in Scotland).
Sound mind: They must understand what they are doing and be capable of witnessing a legal document.
Independence: They should have no personal interest in the contents of the Will.
Presence: Both witnesses must be present at the same time when you sign the Will, and you must see each of them sign in return.
It doesn’t matter whether the witness is a friend, neighbour, or colleague — as long as they meet these conditions and are not beneficiaries.
Who Can’t Witness a Will
Certain people should never act as witnesses. Doing so can cause parts (or all) of your Will to be invalid.
Avoid choosing:
Anyone named as a beneficiary in your Will.
The spouse or civil partner of a beneficiary.
Anyone under 18 (or under 16 in Scotland).
Anyone who can’t understand what they’re witnessing due to illness, cognitive impairment, or language barriers.
If a beneficiary (or their spouse) acts as a witness, they will lose their right to inherit under that Will — even if that wasn’t your intention. The rest of the Will might remain valid, but their specific gift becomes void.
How to Sign Your Will Correctly
Follow these simple steps to make sure your Will is witnessed properly:
Gather your two witnesses — independent adults who are not named in your Will.
Sign your Will in their presence. They must both be physically present and able to see you sign (remote witnessing via video call is only allowed in specific temporary circumstances).
Have both witnesses sign immediately after you. They should use the same pen if possible and include their full names, addresses, and signatures.
Check that no one else is influencing the process. Witnesses should be neutral parties.
Store your Will safely. Once signed, keep it secure and let your executor know where to find it.
Common Mistakes to Avoid
Using a beneficiary as a witness. This is the most frequent error and can void gifts.
Not having both witnesses present at the same time. They must watch you sign together, not one after the other.
Leaving witness details incomplete. Always include full names, addresses, and signatures.
Not re-signing after changes. If you update your Will, it must be witnessed again — previous signatures don’t carry over.
Practical Example
Mark, a widower in his 60s, wrote his Will using an online template. He left his estate equally to his two children but asked his daughter’s husband to act as one of the witnesses.
When Mark passed away, the Will was technically valid — but his son-in-law’s role as a witness meant that his daughter’s inheritance was void. To fix the issue, the family had to apply for a legal declaration, causing months of delay and additional cost.
Had Mark chosen two independent witnesses, for example, neighbours or colleagues, the process would have been simple, valid, and stress-free.
Key Takeaways
You need two independent witnesses who are present when you sign your Will.
Never use a beneficiary (or their spouse/civil partner) as a witness.
Always ensure witness details are clear and complete.
Re-sign and re-witness any updated versions of your Will.
Conclusion
Getting your Will witnessed correctly is one of the simplest yet most crucial steps in making sure it’s legally valid. Two independent adults, present at the same time, can make all the difference between a Will that works and one that doesn’t.
It takes only a few minutes but ensures that your wishes are protected and your loved ones are spared confusion later on.