Who can witness a will? Find out who can help

For a will to be valid, it must be signed by two independent witnesses. Find out who can be your witness and what they’ll need to do. 

What is a witness?

A witness is a person who independently verifies that:

• Your will is genuine.

• You weren’t forced into making it.

• You signed it yourself (it wasn’t forged).

• You possessed ‘testamentary capacity’ – a legal term for saying you’re of sound mind and you know what you’re doing.

When you make a will, you’ll need to sign the will in clear view of two witnesses. A solicitor will be able to guide you through this entire process.

Your two witnesses will then sign the will in front of you at the same time and in clear view of you and the other witness. They should also include their full name and address, if possible. 

Without the signatures of two witnesses, your will won’t be legally valid. If the will is later challenged in court, your witnesses will be asked to state that making the will was your choice.

Until January 31st 2022, wills can be remotely witnessed via video-call in England and Wales. 

Remember: a witness doesn’t have to read your will. They only have to verify that you know what’s in it.

Who can I choose as a witness? 

Your two witnesses must be aged 18 or over. Because they may later be called upon to testify that the will is valid, select witnesses who are: 

• Independent

• ‘Of sound mind’

• Reliable

• Trustworthy

Many people choose friends, colleagues, and relatives who don’t stand to inherit. 

Remember: you can’t use someone who is blind – all witnesses must see you sign the document. 

Can a solicitor or doctor be my witness? 

It is possible to engage a professional to act as a witness. For example, for a small fee, some legal practices will offer two solicitors to act as witnesses, making the process a bit quicker and easier. 

You might also consider asking your doctor. The law encourages this, especially if you’re elderly or in ill health. Should the will be contested in court, your GP is much better placed to confirm that you were mentally capable when writing your will. 

Can my executor by my witness?

Your executor – the person who administers your estate – may also act as a witness, provided they’re not a beneficiary. 

Can a witness inherit in my will? 

Neither a witness, nor their married partner, may benefit from your will. 

You shouldn’t name them as a beneficiary – it might not invalidate the will, but they will automatically forfeit the inheritance if they act as a witness. A witness should always remain impartial and independent and guard against fraud.

Chat to a solicitor about making sure your will is accurate and valid, or to get more help in choosing your witnesses.

What happens if my witnesses pass away? 

Because wills are often made many years in advance, it’s possible that those acting as witnesses pass away before you. This won’t invalidate your will. 

The fact that your witnesses signed the document – and therefore agreed that you freely made your will – should be enough. 

However, if you’re concerned, you may want to consider updating your will or writing a new one to include new witnesses. 

Our experienced team at Hannah Solicitors would be delighted to help you write your will – so it’s one less thing in life to worry about. Get in touch with us and see how we make things easy for you.