Who Can Witness a Will in the UK? (2025 Legal Requirements)

Emma thought witnessing her will would be straightforward. She'd spent weeks carefully dividing her £400,000 estate between her two adult children, ensuring everything was fair and clear. On the day she signed, both children were visiting, so she asked them to witness the document. They all signed together, proud of completing this important task.

Two years later, Emma died unexpectedly. Her children took the will to probate, only to be told it was valid—but their inheritances were not. Because both beneficiaries had witnessed the will, Section 15 of the Wills Act 1837 voided their gifts entirely. Emma's estate passed under intestacy rules instead, distributing her assets to relatives she'd never mentioned in her will. The family spent over £8,000 in legal fees trying to resolve the situation, but the law was clear: beneficiary witnesses forfeit their inheritance.

This devastating mistake happens to hundreds of families every year. One simple witnessing error can unravel months of careful planning.

Legal Disclaimer: This article provides general information about UK will witnessing 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.

UK Legal Requirements for Will Witnesses (Section 9, Wills Act 1837)

Section 9 of the Wills Act 1837 establishes the legal foundation for valid will witnessing in England and Wales. This legislation, in force for 188 years, specifies precise requirements that transform a document into a legally binding will.

Your will must be signed by you (the testator) in the presence of two or more witnesses who are present at the same time. Each witness must then attest and sign the will in your presence—though witnesses don't need to watch each other sign.

The critical requirement is simultaneous physical presence. All three people—you and both witnesses—must be in the same room with a clear, unobstructed view of each other during the signing process. This doesn't mean witnesses must be staring at you constantly, but they must be conscious of and aware that you're signing.

Remote or video witnessing was temporarily permitted during the COVID-19 pandemic but officially ended on 31 January 2024. Any wills executed after this date must have witnesses physically present. Wills witnessed via video between January 2020 and January 2024 remain legally valid.

Witnessing is the final step that activates your will. Without proper witnesses, your carefully drafted will becomes worthless, and your estate will pass under intestacy rules—exactly what you tried to avoid.

Who CAN Witness Your Will (The Complete List)

The good news is that suitable witnesses are easy to find. Any adult over 18 who is not a beneficiary (or married to a beneficiary) can witness your will legally.

Suitable witnesses include:

Neighbors are one of the most convenient options, even if you only speak occasionally
Work colleagues can witness, regardless of how well you know them personally
Friends who are not named in your will make ideal witnesses
Solicitors or legal professionals often provide this service, though it's not required
Post office staff, bank staff, or other professionals are suitable but not necessary
Your executor CAN witness if they're not also receiving a gift
Family members CAN witness if they're not beneficiaries or married to beneficiaries
Pharmacists, notaries, or accountants are all acceptable

Here's what many people don't realize: witnesses never need to read your will. They're witnessing your signature and confirming your identity—not approving or reviewing the contents. You can simply say, "I need two witnesses for a legal document—it will only take two minutes."

Your next-door neighbor Sarah is an ideal witness, even if you only chat occasionally at the mailbox. Your colleague James from accounting can witness, even though he's never been to your home. The key is that they're over 18, not in your will, and can physically be present when you sign.

Witnesses also don't need to know each other. You can ask your neighbor and your work friend, and they'll never need to meet or coordinate.

Who CANNOT Witness Your Will (Critical Exclusions)

Some people are legally prohibited from witnessing your will. Using an ineligible witness has severe consequences that can void inheritances or invalidate your entire will.

Who cannot witness:

Beneficiaries cannot witness. Under Section 15 of the Wills Act 1837, any person who receives a gift in your will forfeits that gift completely if they witness the will.
Spouses or civil partners of beneficiaries also cannot witness. The same forfeiture rule applies—the beneficiary loses their entire inheritance.
Anyone under 18 cannot witness. The age requirement is absolute, with no exceptions.
Anyone who cannot see you sign cannot witness. This includes blind or severely visually impaired individuals.
Anyone lacking mental capacity to understand they're witnessing a legal document cannot serve as a witness.
Your spouse or civil partner usually cannot witness because most wills leave assets to spouses, making them beneficiaries.

The most common and costly mistake is asking beneficiaries to witness. If your daughter witnesses your will and was supposed to receive £300,000, she loses that entire inheritance. The rest of your will remains valid, but her gift is completely void.

Here's the critical distinction: even if a beneficiary witnesses your will, the will itself doesn't become invalid—only their specific gift is struck out. However, this creates chaos. That voided gift may pass under intestacy rules to unintended relatives, or it may need to be redistributed, often requiring expensive legal intervention.

The rationale behind Section 15 is preventing fraud and undue influence. The law assumes that beneficiaries might pressure you if they're present during signing, or might falsely claim you signed when you didn't. By prohibiting beneficiary witnesses, the law ensures independent verification of your signature.

The Beneficiary Trap—Section 15 of the Wills Act Explained

Section 15 of the Wills Act 1837 is the most misunderstood and frequently violated provision in will execution. Understanding it could save your family hundreds of thousands of pounds.

Section 15 states clearly: if an attesting witness to any will, or their spouse or civil partner, is a beneficiary under that will, the gift to them is void. The will remains valid, but the witness's gift vanishes.

This rule has been in place since 1837, designed to prevent witnesses from having a financial incentive to falsely claim the testator signed the will. Courts enforce it strictly, with no discretion to save gifts based on good intentions or honest mistakes.

Let's return to Emma's case. She drafted her will leaving her entire £400,000 estate equally to her two children, Michael and Sarah. Both children witnessed the will. When Emma died, probate accepted the will as valid—it met all formal requirements. However, both Michael and Sarah forfeited their £200,000 inheritances under Section 15.

Because the gifts were void, Emma's estate passed under intestacy rules as if she'd died without a will. Her estranged brother—whom she hadn't spoken to in 15 years—inherited the majority of her estate. Michael and Sarah spent £8,000 in legal fees trying to challenge this outcome, but the law offered no remedy. Their mother's careful planning was undone by one witnessing mistake.

What happens to the voided gift?

When a beneficiary's gift is voided, several outcomes are possible:

The gift may pass under intestacy rules to your next of kin (who may not be who you intended)
The gift may pass to alternate beneficiaries if named in your will
The gift may be divided among residuary beneficiaries
The outcome depends on specific will language and family circumstances

The three-witness exception:

There's one narrow exception: if your will is witnessed by three or more people, and at least two witnesses are not beneficiaries, the beneficiary witness's gift may be saved. However, relying on this is risky and poor practice. Always use two independent, non-beneficiary witnesses.

The unmarried partner gap:

Section 15 only mentions spouses and civil partners—not cohabiting partners. Technically, if your unmarried partner witnesses your will, Section 15 doesn't void their gift. However, this is still terrible practice. It invites challenges, creates suspicion of undue influence, and puts your will at risk of being contested. Always use independent witnesses.

According to research from Will Aid, one-third of parents haven't even created a will, and many more create wills with fatal witnessing errors. These mistakes are entirely preventable with proper guidance.

Can Your Executor Witness Your Will?

This is one of the most frequently searched questions about will witnessing, and the answer surprises many people.

Yes, your executor CAN witness your will—but only if they're not also a beneficiary.

The confusion arises because many people appoint executors who are also major beneficiaries. For example: "I leave my entire estate to my wife and appoint her as executor." In this common scenario, your wife cannot witness because she's a beneficiary, not because she's the executor.

However, if you appoint a professional executor (like a solicitor) who receives no gift under your will, they make an excellent witness. Similarly, if you appoint your brother as executor but leave your estate to your children, your brother can witness because he's not receiving a gift.

Decision guide:

Executor who receives a gift (beneficiary): Cannot witness
Executor who receives no gift: Can witness
Professional executor with no inheritance: Ideal witness
Adult child who is both executor and beneficiary: Cannot witness

The distinction is crucial: the executor role involves administering your estate—collecting assets, paying debts, distributing inheritances. This administrative role doesn't prohibit witnessing. The beneficiary status—receiving a gift—is what triggers Section 15.

James appointed his adult daughter as executor and left her 50% of his estate. She cannot witness. But James also appointed his accountant as co-executor with no inheritance. The accountant can witness.

If you're uncertain whether someone can witness, choose someone who is neither executor nor beneficiary. Your neighbor, colleague, or friend makes a safe, straightforward choice.

For more information about choosing executors, see our comprehensive guide.

The Witnessing Process—What Actually Happens

Understanding the practical steps reduces anxiety and ensures you execute your will correctly the first time.

Before witnessing:

Gather your two witnesses in one room. You should have your completed will ready to sign, or you can acknowledge a signature you've already made. All three people—you and both witnesses—must be physically present with a clear view of each other.

During witnessing (the actual signing):

You sign your will in the presence of both witnesses, or acknowledge your existing signature. Say something like, "I'm signing my will" or "This is my signature."
Each witness signs in your presence. They don't need to watch each other sign—only you need to witness their signatures.
Witnesses write their full names and addresses clearly beneath their signatures. This helps probate registries locate witnesses if needed (though this is rare).
The entire process takes 2-5 minutes. There's no need for lengthy explanations, legal language, or formality.

After witnessing:

Your will is now legally valid and enforceable. Store it safely in a secure location and inform your executor where to find it. You don't need to tell your witnesses what's in your will, and they don't need to keep a copy.

What to say when asking someone to witness:

Many people feel awkward asking witnesses. Here's a simple script:

"I need two witnesses for a legal document. You won't see the contents—you're just confirming that you watched me sign it. It takes about two minutes. Would you be available?"

Most people are happy to help with this brief, straightforward task. Witnesses sign dozens of legal documents throughout their lives—passport applications, driving licenses, certified copies. This is no different.

If you're concerned about privacy, emphasize that witnesses never see your will's contents. You can fold the document so only the signature section is visible, though this isn't legally required.

For more guidance on UK will requirements, explore our detailed breakdown of all legal formalities.

Common Witnessing Mistakes That Invalidate Wills

Certain witnessing errors occur repeatedly, often with devastating consequences. Learning from others' mistakes protects your family from the same fate.

Mistake 1: Witnesses Signing Separately

David signed his will at home, then took it to his neighbor's house for one witness signature, then drove to his colleague's house for the second signature. Invalid. Both witnesses must be present simultaneously when you sign or acknowledge your signature. Separate witnessing invalidates the entire will.

Mistake 2: Beneficiary Witnesses (Most Common)

As discussed, this is the most frequent and costly error. Sarah had her two adult children witness her will, forfeiting both their inheritances under Section 15. According to research, 50% of UK adults don't have a will, and many who do make critical witnessing errors.

Mistake 3: Only One Witness

Some people believe one witness is sufficient, or they can't find a second witness so they proceed with one. A will witnessed by only one person is completely invalid. The Wills Act 1837 requires two witnesses as a minimum—there are no exceptions.

Mistake 4: Witnesses Signing Before or After Testator

The testator must sign first (or acknowledge their existing signature) in the witnesses' presence. Then witnesses sign in the testator's presence. If witnesses sign before you, or if you leave the room before they sign, the witnessing is invalid.

Mistake 5: Missing Witness Addresses

Witnesses sometimes forget to write their full names and addresses. While this doesn't technically invalidate the will, it causes significant probate delays and complications. Probate registries may require witnesses to be located and asked to confirm their signatures years later.

Mistake 6: Video Witnessing After January 2024

Some people attempt video witnessing, unaware that the temporary pandemic provision ended. Video witnessing ended on 31 January 2024. Any will witnessed via video after this date is invalid.

According to the Office of the Public Guardian, 29,124 Lasting Power of Attorney applications were rejected in 2022-23 due to execution errors. LPAs have similar witnessing requirements to wills. These mistakes are permanent—once you die, your will cannot be re-witnessed or corrected.

What to Do If You've Already Made a Witnessing Mistake

Discovering a witnessing error feels overwhelming, but there's a clear path forward.

If you realize the mistake before you die:

The solution is straightforward: create a new will with proper witnesses. Your new will automatically supersedes the old one, and you can execute it correctly this time.

Common scenarios and solutions:

"I used my children as witnesses" → Create a new will immediately with two independent witnesses (neighbors, colleagues, friends)
"My witnesses signed on different days" → Your will is invalid; create a new one with both witnesses present simultaneously
"I only had one witness" → Your will is invalid; create a new one with two witnesses
"My spouse witnessed, and they're a beneficiary" → Create a new will with independent witnesses

The cost to fix these mistakes is minimal. With WUHLD, you can create a legally valid will for £49.99—far less expensive than the £8,000+ in legal fees families face when witnessing errors are discovered after death.

If the mistake is discovered after death:

Your family faces significant challenges. They'll need to consult a solicitor immediately. Depending on the error:

The will may be completely invalid, requiring estate distribution under intestacy rules
Specific gifts may be void (beneficiary witness scenario)
Probate may be delayed for months or years while courts investigate
Legal fees can easily exceed £8,000-£15,000
Family relationships may be permanently damaged by unintended distributions

Prevention is infinitely easier than correction.

WUHLD includes detailed witnessing instructions with every will, plus a dedicated witness guide for your witnesses. These documents prevent the exact mistakes discussed in this article. For more information on what makes a will invalid, see our comprehensive guide.

How WUHLD Makes Witnessing Simple and Stress-Free

Creating a legally valid will shouldn't be complicated or stressful. WUHLD provides everything you need to execute your will properly, avoiding the costly mistakes that invalidate thousands of wills every year.

WUHLD provides four complete documents:

Your legal will – drafted based on your wishes, meeting all UK legal requirements
Testator guide – a 12-page document with step-by-step instructions for you
Witness guide – clear instructions for your witnesses, preventing common errors
Estate information summary – helping your executor understand your assets

The witness guide is specifically designed to prevent the mistakes covered in this article. It explains in plain English:

Who can and cannot witness your will
The exact signing process and required order
Why beneficiaries cannot witness
What information witnesses need to provide
How to ensure proper simultaneous presence

Your witnesses receive a professional document explaining exactly what to do. No confusion, no errors, no expensive mistakes.

You can preview your complete will free before paying anything. Verify every detail is correct, ensure your witnesses are suitable, and confirm you're ready to execute properly. Only pay when you're completely satisfied.

WUHLD costs £49.99 – a one-time payment with no subscriptions or hidden fees. Compare this to £650+ for a solicitor-drafted will, or the £8,000+ in legal fees families face when witnessing mistakes are discovered too late.

The entire online process takes 15 minutes, compared to weeks of solicitor appointments. You can create your will at home, preview it completely, and execute it with confidence using the included guidance.

If you realize you made a witnessing mistake with a previous will, you can create a new, properly executed will with WUHLD immediately. For guidance on choosing between online wills and solicitors, see our detailed comparison.

Frequently Asked Questions

Q: Can a family member witness a will in the UK?

A: Yes, family members can witness your will if they are not beneficiaries and not married or in a civil partnership with a beneficiary. However, most family members are typically named as beneficiaries, which disqualifies them. Choose family members carefully, or opt for independent witnesses like neighbors or colleagues to avoid complications.

Q: Do will witnesses have to be present at the same time in the UK?

A: Yes, absolutely. Under Section 9 of the Wills Act 1837, both witnesses must be physically present at the same time when you sign your will (or acknowledge your signature). All three people must be in the same room with a clear view of each other. Witnesses signing separately invalidates your entire will.

Q: What happens if a beneficiary of a will witnesses it in the UK?

A: Under Section 15 of the Wills Act 1837, the beneficiary loses their entire inheritance. Their gift becomes completely void, though the rest of your will remains valid. If the beneficiary's spouse or civil partner witnesses, the same rule applies—the beneficiary loses everything. This is the most common and costly witnessing mistake.

Q: Can my husband or wife witness my will?

A: Only if your spouse is not a beneficiary in your will. Since most married people leave assets to their spouses, they typically cannot witness. If your spouse inherits anything under your will, they cannot serve as a witness. Choose independent witnesses instead—neighbors, friends, or colleagues who are not named in your will.

Q: How many witnesses do you need for a will in England?

A: You need exactly two witnesses. Both must be over 18 years old and present at the same time when you sign. Having only one witness invalidates your entire will. You can have more than two witnesses, but two is the minimum legal requirement under the Wills Act 1837.

Q: Does a will have to be witnessed by a solicitor in the UK?

A: No. Any adult over 18 who is not a beneficiary (or married to a beneficiary) can witness your will. Solicitors are suitable witnesses, but they're not required. Your neighbor, work colleague, or friend can witness just as effectively. Witnesses don't need legal knowledge or professional qualifications—they're simply confirming they watched you sign.

Protect Your Family with Proper Will Witnessing

Witnessing your will correctly is the final step that protects everything you've carefully planned. One simple mistake—asking a beneficiary to witness, or having witnesses sign separately—can void gifts worth hundreds of thousands of pounds or invalidate your will entirely.

Key takeaways:

You need two witnesses over 18 who are not beneficiaries or married to beneficiaries
All three people must be physically present at the same time with a clear view of each other
Executors can witness if they're not also beneficiaries
Beneficiary witnesses lose their entire inheritance under Section 15 of the Wills Act 1837
Suitable witnesses include neighbors, colleagues, and friends who aren't named in your will
If you've made a mistake, create a new will immediately—it's quick and inexpensive

Emma's family spent £8,000 fighting a witnessing mistake that could have been prevented with five minutes of research. Her children lost their entire inheritance because she didn't know one critical rule.

You now have that knowledge. You can protect your family from the same heartbreak by choosing your witnesses carefully and following the simple legal requirements.

Create a legally valid will today with complete guidance.

WUHLD guides you through every step—from drafting your will to executing it properly—for just £49.99. You'll receive:

Your complete, legally binding will
A 12-page Testator Guide with step-by-step execution instructions
A Witness Guide ensuring your witnesses avoid costly mistakes
A Complete Asset Inventory document

You can preview your entire will completely free—no credit card required. See exactly what you're getting before you pay anything. When you're ready to execute, you'll have clear instructions for you and your witnesses, preventing the mistakes that invalidate thousands of wills every year.

Don't leave your family vulnerable to witnessing errors that could cost them their inheritance.

Preview Your Will Free – No Payment Required

Sources:

Wills Act 1837, Section 9. Available at: https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/9
Wills Act 1837, Section 15. Available at: https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/15
GOV.UK (2024). Making a will: Make sure your will is legal. Available at: https://www.gov.uk/make-will/make-sure-your-will-is-legal
GOV.UK (2024). Video-witnessed wills legalisation extended. Available at: https://www.gov.uk/government/news/video-witnessed-wills-legalisation-extended
Will Aid (2024). Third of parents haven't named a guardian for their children in their will. Available at: https://www.willaid.org.uk/latest-news/third-parents-havent-named-guardian-their-children-their-will
Which? (2024). Nearly 30,000 Lasting Power of Attorney applications rejected: 5 common mistakes to avoid. Available at: https://www.which.co.uk/news/article/nearly-30000-lasting-power-of-attorney-applications-rejected-5-common-mistakes-to-avoid-akNuQ7f8aStX
Canada Life (2024). Half of UK adults don't have a Will. Available at: https://www.canadalife.co.uk/news/half-of-uk-adults-don-t-have-a-will/