Who Can Witness a Will?

When it comes to signing your will, the law has specific rules about witnesses. Having the proper witnesses is absolutely crucial – a mistake here can invalidate the entire will.

But don't worry, the requirements are simple. Let's go through who can (and cannot) witness a will in England and Wales, and how to do it right:

Key Qualifications for Witnesses

Over 18 years old

Witnesses must be adults (18 or over). Someone younger than 18 cannot legally witness a will. It's best if they're reasonably mature and competent – essentially they should understand the significance of what they're witnessing.

Not a beneficiary (and not married to or a civil partner of a beneficiary)

This rule is to prevent fraud or undue influence (so people don't essentially sign off on giving themselves gifts). Example: If you have your daughter (who is also in your will) act as a witness, she would by law forfeit whatever you left her. So, make sure to pick witnesses who are completely outside the will's interest. Usually this means people not closely related to you and definitely not mentioned in the will.

Must be physically present and have mental capacity

The witnesses need to actually see you signing the will (and each other sign). They should be of sound mind – basically, understand what they are doing (so not intoxicated or cognitively impaired at that moment). They don't need any legal knowledge; they just need to be present and watch the signing. They also need to sign the will in your presence. In practice, the three of you (you + 2 witnesses) should all be in the same room, watching each other sign. It doesn't have to be in any fancy ceremony – just make sure no one leaves until all signatures are done.

Good Candidates for Witnesses

Neighbours, friends, work colleagues, acquaintances, etc. As long as they meet the above criteria (18+, not inheriting from you). It's often convenient to ask two neighbours to pop over, or colleagues at work during a lunch break, etc. Some people even use staff at a solicitors' office if they're making the will with a lawyer (the receptionist and another solicitor, for example).

The key is they're disinterested parties. They do not need to read the will or know its contents – they're just witnessing that you signed it willingly. You might briefly explain, "This is my will, I need you to witness my signature." They'll sign their name and address typically.

Can family members witness?

It's not illegal for a non-beneficiary family member to witness (for example, if your adult brother is not in your will at all, he could witness). But as a rule of thumb, it's best to avoid close relatives as witnesses to prevent any later accusations of undue influence. Plus, you never know if you might later add them as a beneficiary in a future update and forget the witness issue. So it's simpler to use people not related by blood or marriage. Certainly don't use a spouse or children who might inherit, as mentioned.

More Points on Witnessing Formalities

All present at the same time

The ideal scenario is you gather all three parties together, you declare the document to be your will, and sign it. Then each witness signs. Technically, the witnesses don't have to sign at the exact same second as each other, but they both need to witness you sign. They can then sign one after the other, while you're still there watching them. If a witness stepped out of the room and didn't see you sign, that's a big problem. So keep everyone together from start to finish of the signing process.

Signing order

Usually, the person making the will signs first, then the witnesses sign afterwards. This is because the witnesses are attesting that they saw you sign. If a witness signs before you (say they sign an attestation clause thinking you already signed when you hadn't), it could be an issue. So, sign in their presence, then have them sign.

Remote witnessing

During the pandemic, laws temporarily allowed remote witnessing via video in England/Wales. However, that was a temporary measure and as of 2025, it's either expired or set to expire. Under current rules, best practice is in-person witnessing. Remote witnessing is only allowed under very specific guidelines and is generally not recommended unless absolutely no alternative. So stick to in-person if at all possible.

Signature details

You sign using your normal signature (doesn't have to be full name in block letters or anything – whatever you normally sign as). The witnesses then typically write their name, signature, and address/occupation. Different will formats vary in what they ask witnesses to write (some have a pre-printed block "Witnessed by:" etc.). Just ensure the witness signs in the correct spot intended for witness signatures.

Witnesses' role ends after signing

After that, the witnesses don't have duties unless someday the will is contested and they need to attest in court that they saw you sign (which is rare). It's a good idea for you (or your executor) to keep contact info for the witnesses in case the probate court needs to reach them to confirm the will's validity, especially if many years pass. But often if the will is clearly properly signed, nobody actually contacts the witnesses later. Still, having their addresses on the will (which is standard) helps locate them if needed.

Common Mistakes to Avoid

• Don't use only one witness (invalid)
• Don't use someone who is in the will
• Don't sign it alone and then later ask someone to sign as a "witness" not in your presence – that doesn't count
• All signatures must be part of one continuous event
• Don't have a witness sign it the next day because they forgot – if that happens, you'd likely need to re-execute the will with new witnesses properly

If you do mess up the witnessing, the remedy is to re-sign the will correctly (which requires you to be still alive and of sound mind, of course!). If a will is found after death to have improper witnesses, it might be thrown out, so it's super important to get it right now.