The Role of Witnesses – Who Can and Can’t Sign Your Will

Who Can and Can’t Sign Your Will

Discover who can and can’t witness your Will in the UK. Avoid costly mistakes and ensure your Will is valid with expert guidance from Newlife Wills.

When it comes to making your Will valid in England and Wales, one of the most important (and often misunderstood) steps is getting it properly witnessed.

Even the most carefully drafted Will can be rendered invalid if the signing process is not done correctly.

At Newlife Wills, we often get asked the same questions: Who can be a witness? Can my family members sign? What about my executor?

Here’s what you need to know...

Why You Need Witnesses

Under the Wills Act 1837, your Will must be signed in the presence of two independent witnesses for it to be legally valid (unless you are making a privileged Will, which applies only to certain members of the armed forces).

Witnesses are there to:

• Confirm that you signed the Will voluntarily.

• Verify that you were of sound mind at the time.

• Provide evidence, if ever needed, that the Will was properly executed.

Without proper witnesses, your Will could be challenged or even declared invalid.

Who Can Witness Your Will

In England and Wales, your witnesses must:

• Be 18 or over.

• Be mentally capable of understanding what they are witnessing.

• Be physically present when you sign (and when they sign) – remote witnessing is only allowed in very specific circumstances introduced during COVID-19, but in-person is still strongly recommended.

  
  

They can be friends, neighbours, work colleagues – anyone who meets these criteria and has no personal interest in your Will.

Who Cannot Witness Your Will

Certain people are not allowed to act as witnesses because it would create a conflict of interest. This includes:

• Beneficiaries named in your Will.

• The spouse or civil partner of a beneficiary.

• Anyone under the age of 18.

  
  

If a beneficiary (or their spouse) acts as a witness, they will lose their entitlement to inherit under the Will – even though the Will itself might still be valid.

What About Executors?

An executor can witness your Will provided they are not also a beneficiary.If your executor is inheriting something under the Will, they should not witness it.

Best Practice for Choosing Witnesses

To avoid any risk of disputes, follow these simple tips:

• Pick two independent adults with no mention in your Will.

• Use people who you believe will be easy to contact in the future if needed.

• Sign all pages of your Will in the presence of both witnesses at the same time.

• Make sure everyone uses the same pen and dates their signatures.

Why This Matters

Having the wrong witness can undo your careful planning. In one real-life case, a man’s entire estate was redirected because his chosen witness was also a beneficiary. The Will was still valid, but the intended gift to that person failed.

How Newlife Wills Can Help

At Newlife Wills, we not only draft your Will, but we also guide you through the signing process step-by-step – ensuring your witnesses are eligible and the execution is legally watertight. We can even arrange professional witnessing services if you’d rather not rely on friends or neighbours.

Final Tip: Don’t let your hard work go to waste – choose your witnesses carefully. If you’re unsure, get professional advice before signing.

Need help with your Will? 

Contact Newlife Wills today on 01843 269165 or email to book your free consultation.