How to Sign a Will in the UK (The Correct Way)

Michael spent three weeks carefully drafting his will, ensuring every detail was perfect. He signed it at his kitchen table, then took it to his neighbor's house for her to sign as a witness, and then to his colleague's house for the second signature.

When Michael died six months later, his £340,000 estate couldn't be distributed according to his wishes. The probate court declared his will invalid. The reason? Neither witness was present when Michael signed the will, violating Section 9 of the Wills Act 1837's strict requirements.

His estate was distributed under intestacy rules, leaving his unmarried partner with nothing.

According to nearly 130,000 LPA applications rejected since 2018 due to signature and witnessing errors, improper witnessing remains one of the most common reasons legal documents are challenged or rejected. The signing ceremony is the moment your will becomes legally binding. Get it wrong, and months of planning become worthless.

This guide provides the exact, step-by-step process required by UK law to ensure your will is executed correctly the first time.

Why the Signing Process Is So Critical

The Wills Act 1837 has governed how wills must be executed in England and Wales for nearly 200 years. These aren't bureaucratic formalities—they're safeguards designed to prevent fraud, verify your mental capacity, and ensure your true intentions are honored.

Section 9 of the Wills Act 1837 sets out three core requirements. Your will must be in writing and signed by you. The signature must be made or acknowledged in the presence of two witnesses who are both present at the same time. Each witness must then sign the will in your presence.

These requirements exist to create clear evidence that you understood what you were signing, had the mental capacity to make decisions, and weren't being coerced or defrauded.

The consequences of improper execution are severe. If your will doesn't meet these legal requirements, it becomes void. Your estate is then distributed under intestacy rules—a rigid legal formula that ignores your wishes and often leaves loved ones with nothing. Probate disputes have increased by 37% from 2014 to 2023, with many cases stemming from execution errors.

In the case of Payne v Payne (2018), a will's validity was challenged because the witnesses had written their names in capital letters rather than signing in the conventional sense. The case went to the Court of Appeal to determine whether the will had been properly attested.

It's also worth noting that remote witnessing via video conferencing ended on January 31, 2024. All parties must now be physically present in the same room during the signing ceremony.

The Three Essential Legal Requirements

Before we walk through the signing ceremony, you need to understand the three core legal requirements that make a will valid.

First: Written document requirement. Your will must be a physical, signed document. Electronic signatures are not currently accepted for wills in England and Wales, although the Law Commission is reviewing potential reforms to will-making laws. For now, you need a printed will and a pen.

Second: Testator signature requirement. You must sign the will (or acknowledge your existing signature) with the clear intention to execute the will. This is about demonstrating intent. Under the Banks v Goodfellow test, you must understand the nature of making a will, the extent of your property, who has claims on your estate, and have no disorder of mind affecting your decisions.

Third: Simultaneous witness requirement. Two witnesses must be physically present at the same time when you sign or acknowledge your signature. This is the requirement that catches most people out. Both witnesses must see you sign. They don't need to see each other sign, but they must both be in the room watching you.

After you've signed, the witnesses can sign in any order. What matters is that they sign while you're still present and watching them. If you leave the room before both witnesses have signed, the will may be invalid.

Who Can (and Can't) Witness Your Will

Choosing the right witnesses is just as important as the signing process itself.

The basic requirements seem simple. Witnesses must be 18 or older and have the mental capacity to understand what they're doing. They don't need to know what's in your will—they're simply confirming they saw you sign it.

But here's the critical rule that invalidates thousands of wills: witnesses cannot be beneficiaries or married to beneficiaries.

Section 15 of the Wills Act 1837 is unforgiving. If a beneficiary or their spouse witnesses your will, they forfeit their entire inheritance. The will itself remains valid, but the witness loses their gift.

In 2023, a woman's will was executed with her two children as witnesses. The will was valid, but both children lost their inheritance under Section 15. The family spent over £8,000 in legal fees trying to challenge the rule, but the law is absolute.

Who makes a good witness? Work colleagues, friends, or neighbors are ideal—people you trust but who aren't inheriting anything from your estate. Even if a family member isn't a beneficiary, it's generally advisable to use independent witnesses to avoid any potential complications.

Who should you avoid? Family members who are beneficiaries, spouses or civil partners of beneficiaries, and anyone named as an executor who is also receiving a gift. While executors can be witnesses if they're not beneficiaries, it's cleaner to separate these roles.

For a detailed guide on witness eligibility, see our article on who can witness a will in the UK.

Step-by-Step: The Correct Will Signing Ceremony

This is the most important section. Follow these steps exactly, and your will will meet all legal requirements for valid execution.

Before You Begin

Gather everything you need: your completed will, two eligible witnesses, and a blue or black ink pen. Never use pencil—alterations in pencil can be erased and may raise questions about the will's authenticity.

Confirm your witnesses are eligible. Ask yourself: are either of these people beneficiaries in my will? Are they married to anyone who's inheriting? If the answer is yes to either question, choose different witnesses.

Ensure all three of you will stay in the same room for the entire ceremony. No one leaves until all signatures are complete.

The Signing Process

Step 1: Read the will. Before signing, read through your will one final time. Ensure you understand and agree with its contents. This isn't about legal perfection—it's about confirming this document reflects your true intentions.

Step 2: Announce your intention. This isn't legally required, but it creates clarity. Say something like: "This is my will and I'm about to sign it." This confirms to your witnesses what they're witnessing.

Step 3: Sign in front of both witnesses. Both witnesses must have a clear view of you signing. Don't turn your back, don't cover the signature, don't sign in another room and then bring it to them. They must see you physically sign the document.

Step 4: Witnesses confirm. Each witness should verbally confirm they saw you sign. A simple "Yes, I saw that" is sufficient.

Step 5: First witness signs. While you watch, the first witness signs their name in the designated witness space. Below their signature, they should print their full legal name (including middle names, not just initials) and their full address.

This witness information is crucial. If your will is challenged, the probate court may need to contact your witnesses. Incomplete details can delay or complicate probate.

Step 6: Second witness signs. While you watch, the second witness follows the same process: signature, printed full name, and full address.

Step 7: Everyone remains present. No one leaves the room until all signatures are complete. This is a legal requirement. If you leave before both witnesses have signed, or if a witness leaves before the other has signed, the will may not be properly executed.

After Signing

Date the will if it's not already dated. Some wills have a pre-filled date; others require you to add it after signing. The date helps establish which will is your most recent if you make multiple versions.

Store the signed will securely. We'll cover storage in detail later, but immediately after signing, put it somewhere safe, dry, and fireproof.

Consider thanking your witnesses and explaining that they may be contacted during probate to confirm they witnessed your signature. This isn't always necessary, but it helps if someone challenges the will.

Common Mistakes to Avoid

Don't sign separately at different times. Both witnesses must be present when you sign.

Don't let witnesses sign when you're not present. You must watch them sign.

Don't use only one witness. The law requires two.

Don't allow a beneficiary to witness. They'll lose their inheritance.

Sarah drafted her will and asked her daughter Emma to be one of the witnesses. Emma wasn't just a witness—she was also inheriting the family home worth £280,000. Under Section 15, Emma lost the entire gift. Sarah's other daughter, who wasn't a witness, inherited everything under the will. The family relationship was destroyed, and Emma spent £12,000 in legal fees trying to challenge the rule.

This scenario is entirely avoidable. Choose independent witnesses.

Understanding the Attestation Clause

When you look at a professionally drafted will, you'll see a paragraph near the signature section that says something like: "SIGNED by the above named [YOUR NAME] as and for their last Will in our presence and then by us in theirs."

This is called an attestation clause.

An attestation clause is a statement in your will that describes the circumstances of signing and witnessing. It's not legally required—a will can be valid without one—but it's highly desirable because it creates a legal presumption of proper execution.

When a will includes a properly worded attestation clause, the probate court presumes the will was executed correctly. Without an attestation clause, the court may require an affidavit from your witnesses confirming they saw you sign, which can delay probate and increase costs.

The standard attestation clause confirms three things: you signed with the intention to execute the will, both witnesses were present when you signed, and the witnesses signed in your presence.

WUHLD wills include a properly worded attestation clause automatically, so you don't need to worry about the exact legal phrasing.

Special circumstances require modified attestation clauses. If you're blind or have limited vision, the attestation clause must state that the will was read aloud to you before you signed. If you have limited English proficiency, it should note that the will was explained in your language. If someone signed on your behalf because you couldn't physically sign, the clause must describe this arrangement.

These special circumstances often require solicitor involvement to ensure the attestation clause is correctly worded and the will is properly executed. Learn more about when you need professional help in our guide on UK will requirements.

Special Circumstances and Variations

Most people can follow the standard signing ceremony without modifications. But some situations require adaptations to ensure your will is valid.

If you can't physically sign. Someone else can sign on your behalf in your presence and at your direction. The person signing for you must be someone you trust, and they must sign in front of both witnesses. The attestation clause must be modified to state: "Signed by [person's name] at the direction and in the presence of the testator."

This is legally permitted but adds complexity. We recommend consulting a solicitor to ensure it's done correctly.

If you're blind or have limited vision. Your will must be read aloud to you before you sign. Both witnesses should be present during this reading. The attestation clause must reflect this, typically stating: "The testator being blind/partially sighted, this will was read over to him/her in the presence of us both before he/she signed."

If you have limited English proficiency. The will should be explained to you in your language by a competent interpreter. The attestation clause must document this explanation. The interpreter should not be a beneficiary or a witness.

If you've already signed but want to acknowledge your signature. You don't need to sign again in front of new witnesses. You can acknowledge your existing signature to them. Both witnesses must be present when you acknowledge the signature, and you must state something like: "This is my signature on my will." The witnesses then sign as normal.

Mental capacity requirement. You must have testamentary capacity when signing. Under the Banks v Goodfellow test, this means you understand: the nature of making a will, the extent of your property, who has claims on your estate, and you have no disorder of mind affecting your judgment.

If there are any concerns about mental capacity—due to illness, medication, or cognitive decline—consult a solicitor before executing your will. A medical professional may need to assess your capacity and provide a certificate confirming you had testamentary capacity at the time of signing.

These complex situations may require professional legal advice to ensure your will is valid and won't be successfully challenged after your death.

What Happens If You Get It Wrong?

The consequences of improper will execution aren't theoretical. They're real, they're severe, and they destroy families.

Your will becomes invalid. If you don't follow the Section 9 requirements, your will cannot be admitted to probate. It doesn't matter how carefully you drafted it or how clear your intentions were. Without proper execution, it's legally worthless.

Intestacy rules apply. When you die without a valid will, your estate is distributed according to intestacy laws. These rigid rules prioritize spouses and blood relatives. Unmarried partners receive nothing. Stepchildren receive nothing. Charities you wanted to support receive nothing. Your wishes are completely ignored.

Read more about this outcome in our article on what happens if you die without a will in the UK.

Beneficiaries lose inheritances. Even if the will itself is valid, witnesses who are beneficiaries forfeit their gifts under Section 15 of the Wills Act 1837. The gift is void, and that portion of your estate is distributed as if the beneficiary had died before you.

Family disputes arise. Invalid wills lead to contested estates, legal battles, and destroyed relationships. Siblings who expected equal shares find themselves fighting over intestacy distributions. Partners who expected to inherit the family home find themselves homeless.

Let's look at specific examples.

Michael's story (from our opening): He signed his will alone, then took it to two separate locations for witnesses to sign. Neither witness was present when he signed. Neither witness saw him sign. The will was invalid. His unmarried partner of 15 years, who he'd intended to inherit his entire estate, received nothing under intestacy rules.

The 2023 case of the children witnesses: A mother made a will leaving her estate equally to her two children. Both children witnessed the will. The will was valid, but under Section 15, both children lost their inheritance. The estate passed to the mother's siblings under intestacy rules. The children spent over £8,000 in legal fees challenging the rule, but Section 15 is absolute. They lost everything.

Payne v Payne (2018): John Henry Adrian Payne's 1998 will was challenged because the witnesses had written their names in capital letters rather than signing in the conventional sense. The first instance judge ruled it invalid, holding that merely filling in names in capital letters didn't constitute a signature. The case went to the Court of Appeal, which eventually ruled in favor of the will, but only after extensive litigation and legal costs.

Professional negligence: In Humblestone v Martin Tolhurst Partnership (2004), solicitors were found negligent for failing to ensure proper will execution. When professionals mess this up, they face legal consequences. When you're doing it yourself, there's no safety net.

These aren't edge cases. They're common scenarios that happen because people don't understand or follow the strict requirements of the Wills Act 1837.

The good news: if you catch the error before death, you can execute a new will correctly. If it's caught after death, it may be too late.

After Signing: Storing and Updating Your Will

Once your will is properly signed and witnessed, your job isn't finished. Proper storage and maintenance are essential to ensure your will can be found and executed when needed.

Immediate storage. Keep the original in a secure, dry, fireproof location. Water damage, fire, or deterioration can make your will unreadable. The probate court requires the original signed will—a photocopy won't suffice.

Storage options include: a home safe, your solicitor's office (many solicitors offer will storage services), a bank safety deposit box, or the probate registry's will storage service. Each option has advantages. Home storage is free but risks damage or loss. Solicitor storage is secure but may involve fees. Probate registry storage costs £20 and ensures your will is easily located after death.

Tell your executor. Your executor can't execute your will if they can't find it. Inform them where the original is stored. Give them exact details: which bank branch, which solicitor, which location in your home.

Don't alter a signed will. Never cross out sections, write amendments by hand, or make any marks on a signed will. These alterations can invalidate the entire will or create ambiguity about your intentions.

If changes are needed, you have two options. For minor changes—adding a small gift, removing a beneficiary, updating an executor's address—you can execute a codicil. A codicil is a legal amendment to your will and requires the same signing ceremony as the original will: you must sign in front of two witnesses who are both present.

For significant changes—remarriage, divorce, new children, substantial changes to your estate—execute a new will. The new will should explicitly revoke all previous wills. It requires the same signing ceremony.

Keep witnesses' details. Note your witnesses' contact information in a safe place separate from the will. If your will is challenged, the probate court may need to contact them to confirm they witnessed your signature. If witnesses have moved or can't be found, it can complicate probate.

Review regularly. Life changes can make your will outdated or invalid. Marriage automatically revokes your will unless the will was made in contemplation of that marriage. Divorce revokes gifts to your former spouse. New children, house purchases, and changes in your assets may require a new will.

We recommend reviewing your will every three to five years or after any major life event.

WUHLD provides secure digital storage of your will information and generates all required documents, including signing instructions and witness guides, to ensure your will is properly executed and stored.

How WUHLD Makes Will Signing Simple and Safe

The complexity and legal precision required for proper will execution is exactly why WUHLD exists. We remove the guesswork and anxiety from the process.

Clear signing instructions included. Every WUHLD will comes with step-by-step signing guidance that walks you through the exact ceremony described in this article. You'll know precisely what to do, in what order, and what to avoid.

Free witness guide document. We provide a separate guide explaining witness requirements and their responsibilities. You can give this to your witnesses before the signing ceremony so they understand their role. It covers eligibility rules, the signing process, and why their details are important.

Properly formatted attestation clause. Your WUHLD will automatically includes a legally compliant attestation clause—no need to worry about wording or legal phrasing. We've handled it.

Pre-signing checklist. Before you begin the signing ceremony, our checklist ensures you have everything ready: your printed will, two eligible witnesses, the right pen, and a clear understanding of the process.

Common mistakes warning. Built-in reminders about the beneficiary rule, simultaneous presence requirement, and other critical details help you avoid the errors that invalidate thousands of wills.

No guesswork. Everything is formatted correctly, legally compliant, and ready to execute. You don't need legal expertise—you just need to follow the clear instructions.

For £49.99 (vs £650+ for a solicitor), you get your complete, legally binding will, a 12-page Testator Guide explaining how to execute your will properly, a Witness Guide to give to your witnesses, and a Complete Asset Inventory document.

You can preview your entire will free before paying anything—no credit card required.

Create your will with confidence. Let WUHLD handle the legal complexity while you focus on protecting your family.

Frequently Asked Questions

Q: Can I sign my will without witnesses?

A: No. Under Section 9 of the Wills Act 1837, you must have two witnesses who are both physically present when you sign your will. Without proper witnesses, your will is invalid and cannot be admitted to probate.

Q: Can my husband or wife be a witness?

A: Your spouse can technically be a witness if they're not a beneficiary in your will. However, if your spouse is inheriting anything under your will, they cannot witness it—they would forfeit their entire inheritance under Section 15. We strongly recommend using independent witnesses who are not family members or beneficiaries.

Q: Do witnesses need to read my will?

A: No. Witnesses do not need to know the contents of your will. They're simply confirming they saw you sign it. Their role is to provide evidence that you signed the document with the intention to execute it as your will, not to verify or approve its contents.

Q: What happens if one of my witnesses dies?

A: Your will remains valid. Witnesses are only needed for the execution ceremony—their ongoing existence is not required for the will to remain valid. However, if your will is challenged after your death, the probate court may need witness testimony. If witnesses have died, this can complicate proving proper execution, which is why an attestation clause is so important.

Q: Can I sign my will in pencil?

A: No. You should never sign a will in pencil. Pencil signatures can be easily erased or altered, which raises questions about the will's authenticity and your intentions. Always use blue or black ink. This creates a permanent, unalterable signature that clearly demonstrates your execution of the will.

Q: Do both witnesses need to be in the same room at the same time?

A: Yes. Both witnesses must be physically present at the same time when you sign your will. This is a strict legal requirement under Section 9 of the Wills Act 1837. You cannot sign in front of one witness, then later sign (or have the will witnessed) in front of a different witness. All parties must be in the same location simultaneously during the signing ceremony.

Conclusion

Signing your will correctly is the critical moment that transforms your intentions into legally binding instructions. The requirements are precise, but they're not complicated when you follow the correct process.

Key takeaways:

Both witnesses must be physically present when you sign—all parties in the same room simultaneously
Witnesses cannot be beneficiaries or married to beneficiaries, or they forfeit their inheritance
Everyone must sign in the correct order: you sign first, then witnesses sign while you watch
Use blue or black ink, never pencil, and keep the original in secure storage
An attestation clause isn't required but creates a legal presumption of proper execution

The Wills Act 1837's requirements exist to protect you from fraud, verify your capacity, and ensure your true intentions are honored. Following these steps isn't bureaucracy—it's safeguarding your family's future.

Don't let months of careful planning be destroyed by an execution error.

Create your legally valid will today with WUHLD. Our step-by-step platform ensures you meet all UK legal requirements and provides clear signing instructions you can follow with confidence.

For just £49.99 (vs £650+ for a solicitor), you'll get:

Your complete, legally binding will with proper attestation clause
A 12-page Testator Guide explaining how to execute your will properly
A Witness Guide document to give to your witnesses
A Complete Asset Inventory document
Clear signing instructions with common mistakes warnings

You can preview your entire will free before paying anything—no credit card required, no subscriptions, no hidden fees.

Preview Your Will Free – No Payment Required

Legal Disclaimer: This article provides general information about UK will signing requirements and does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice.

If you have physical disabilities, limited English proficiency, concerns about mental capacity, or other special circumstances, we strongly recommend consulting a solicitor to ensure your will is properly executed.

Sources: