Wills Act 1837: Understanding UK Will Law

When James Thompson's father died in March 2024, the family discovered his handwritten will in a desk drawer. It clearly stated his wishes, named executors, and listed beneficiaries with specific amounts. But when James took it to a solicitor, he learned it was legally worthless.

The problem? His father had signed it in front of only one witness, not two. That single missing signature meant the entire £340,000 estate passed under intestacy rules instead of his father's carefully documented wishes.

The law that invalidated the will? The Wills Act 1837—a piece of Victorian legislation that still governs every will written in England and Wales today.

Despite being nearly 200 years old, this Act determines whether your will is legally valid or worthless. With 122 contested probate cases in 2023 and caveat applications rising 56% since 2019, understanding what the law requires isn't just academic—it's essential to ensuring your wishes are actually followed.

What Is the Wills Act 1837?

The Wills Act 1837 is an Act of Parliament (7 Will. 4 & 1 Vict. c. 26) that unified will-making rules for England and Wales. Before 1837, different rules applied to real property (land) versus personal property, creating confusion and complexity.

The Act's core purpose was establishing formal requirements for valid wills and protecting testators from fraud. Nearly 190 years later, much of this Victorian legislation remains in force today, making it the longest-standing piece of UK succession law.

Why does a 19th-century law still matter in 2024? Because every will written in the UK must still comply with its requirements. There's no exception for modern online wills, DIY wills, or even solicitor-drafted wills—the Wills Act 1837 applies to all.

Currently, between 49-56% of UK adults die without a will. Of those who do write wills, an increasing number face validity challenges due to non-compliance with the Act's strict formalities.

The stakes are high. An invalid will means intestacy rules determine who inherits, not your documented wishes. And with 11,362 caveat applications in 2024—compared to 7,268 in 2019—more families than ever are challenging whether wills meet the Act's requirements.

Section 9—The Heart of the Act (Formal Requirements)

Section 9 of the Wills Act 1837 sets out the formal requirements every will must meet. This is the most critical section for will validity. If your will doesn't satisfy Section 9, it's invalid—no matter how clearly it expresses your wishes.

As amended by the Administration of Justice Act 1982, Section 9 requires five specific elements for a valid will:

1. The will must be in writing No oral wills are valid (except for mariners at sea and soldiers on active service, who have special exemptions).

2. The will must be signed by the testator Or by someone else in their presence and at their direction if they're physically unable to sign.

3. It must appear the testator intended by their signature to give effect to the will The signature must be positioned where it's clear it was meant to execute the document.

4. The signature must be made or acknowledged in the presence of two or more witnesses present at the same time Both witnesses must be physically present together when the testator signs or acknowledges their signature.

5. Each witness must attest and sign the will in the presence of the testator Witnesses don't need to sign in each other's presence, but they must sign while the testator is present and conscious of the event.

These requirements exist to protect against fraud, undue influence, and to ensure the testator's genuine intent. They're not suggestions—they're mandatory formalities that courts enforce strictly.

Valid vs Invalid Signing Scenarios

Scenario	Validity	Reason
Testator signs in front of two witnesses who both sign in testator's presence	Valid	Meets all Section 9 requirements
Testator signs, then two witnesses sign separately (not in testator's presence)	Invalid	Witnesses must sign in testator's presence
Only one witness signs	Invalid	Two witnesses required
Beneficiary acts as witness	Invalid (gift void)	Section 15 makes gift to witness void, though will remains valid
Executor who is not a beneficiary acts as witness	Valid	Executors can witness if they don't benefit under the will
Testator acknowledges pre-existing signature to witnesses who then sign	Valid	Acknowledgement satisfies Section 9

Sarah discovered this the hard way. She named her daughter Emma as a beneficiary for £50,000 and asked Emma to witness the will. The will was valid, but Emma's £50,000 gift became void under Section 15. The rest of the will stood, but Emma received nothing.

Common mistakes that invalidate wills under Section 9 include signing without witnesses present, using only one witness, or having witnesses sign after the testator has left. The growth in invalid wills increasingly stems from "cheap internet wills" and homemade wills that don't follow these formalities.

Who Can Make a Will Under the Act?

The Wills Act 1837 establishes clear requirements for who has testamentary capacity—the legal ability to make a will.

Age requirement: You must be 18 or older to make a valid will. There are only two exceptions: members of the armed forces on active service and mariners at sea can make wills at any age under Section 11.

Mental capacity requirement: You must understand the nature of making a will, the extent of your property, and the claims of potential beneficiaries. This is known as the test in Banks v Goodfellow (1870), though the Law Commission now recommends adopting the Mental Capacity Act 2005 as the sole test.

Section 7 of the Act: States that any person may make a will—there are no restrictions based on gender, marital status, or other characteristics. This was actually progressive for 1837, when women had limited property rights.

What makes someone incapable of making a valid will? Dementia, undue influence from others, or lack of understanding about what they own and who should inherit. Courts assess capacity at the moment the will is signed, not at any other time.

Consider this scenario: Seventeen-year-old Michael inherits £200,000 from his grandparents. He wants to make a will leaving everything to his girlfriend. He drafts a comprehensive will with all the right formalities, but it's invalid. Why? He's under 18. He must wait until his 18th birthday to create a legally binding will, regardless of how mature or wealthy he is.

The exception? If Michael joins the military and is deployed on active service, he could make a valid will at 17. But for civilian seventeen-year-olds, there's no workaround.

What Must Be in Writing? (Section 9 Requirements)

Section 9 requires wills to be "in writing," but what does that actually mean in 2024?

Traditional formats: Handwritten, typed, and printed wills are all acceptable. The Act doesn't prescribe a specific format—just that the will must be in written form rather than oral.

What counts as a signature: Full name, mark, initials, stamp, or seal can all constitute a valid signature under case law. What matters is that the testator intended the mark to execute the will. A thumbprint has been accepted. So has an "X" mark.

Video or audio wills: Not currently valid under the Wills Act 1837. No matter how clear your video statement, no matter how many witnesses you have on camera, a video will has no legal effect in the UK.

Electronic wills: Also not yet valid, but this may change. The Law Commission's May 2025 report recommends allowing electronic wills using "reliable systems" that identify the testator, distinguish originals from copies, and prevent unauthorized alterations. However, no implementation date has been announced. Currently, only traditional signed-and-witnessed paper wills are valid.

Holographic wills: These are entirely handwritten wills. They're valid in the UK if they meet Section 9 requirements—meaning they still need two witnesses. Unlike some US states, the UK doesn't recognize unwitnessed holographic wills.

Multiple pages: If your will spans several pages, best practice is to sign or initial each page. While Section 9 doesn't explicitly require this, it prevents disputes about whether pages were added or removed after signing.

David drafted a thorough will on his computer, printed it, and signed it. But he didn't have witnesses. He thought his signature was enough to make it legal. When he died, his will was invalid. His estate, worth £280,000, passed under intestacy rules to his estranged brother rather than his partner of 15 years.

The writing requirement seems straightforward, but the witnessing requirement is where most homemade wills fail. You can write the most comprehensive, clear, perfectly formatted will—but without two witnesses watching you sign and then signing in your presence, it's legally worthless.

Witnesses—Who Can and Cannot Witness Your Will

Section 15 of the Wills Act 1837 creates a critical restriction: gifts to witnesses are void. This doesn't invalidate the entire will, but it means anyone who witnesses your will—and their spouse or civil partner—cannot benefit under that will.

The rule: If a beneficiary witnesses your will, they can still prove the will is valid. But their gift under the will becomes void. The rest of the will stands; only the witness's inheritance is lost.

This applies to: The witness themselves and their spouse or civil partner at the time of witnessing. However, if someone witnesses your will and later marries a beneficiary, Section 15 doesn't apply—the subsequent marriage doesn't void the gift.

Who can be a witness: Any adult with mental capacity who isn't blind. Witnesses don't need to read English or understand the will's contents. They just need to witness the testator signing (or acknowledging their signature) and then sign themselves.

Executors can witness: If they're not also beneficiaries. An executor who receives no inheritance can safely witness the will without consequences.

Best practice: Use independent witnesses with no connection to your estate. Even though an executor who doesn't benefit can legally witness, it's cleaner to use completely independent people—neighbors, colleagues, friends who aren't in your will.

Emma and David made a common mistake. They named Emma's sister as a beneficiary for £80,000. When it came time to sign their will, Emma's sister happened to be visiting, so they asked her to witness. She signed, thinking she was helping.

Years later, when Emma died, the executor discovered the problem. The will was valid, but Emma's sister's £80,000 gift was void under Section 15. Instead of inheriting, Emma's sister received nothing—exactly what Emma had tried to avoid.

Physical presence requirement: What does "in the presence of" mean? Pre-2020, it meant physical presence in the same room. During COVID-19, temporary regulations allowed video-witnessed wills. Those regulations expired in January 2021. Since then, we're back to requiring physical presence—witnesses must be in the same room as the testator, able to see and confirm the signing.

The Law Commission has recommended reforms to Section 15 to include cohabiting partners (not just spouses), but these changes haven't been enacted yet.

How the Wills Act 1837 Has Been Amended

The Wills Act 1837 has been amended several times to address issues the Victorian legislators couldn't anticipate. The most significant changes came from the Administration of Justice Act 1982.

Administration of Justice Act 1982—Key Amendments:

Section 9 reformulated: The current Section 9 requirements we use today came from this 1982 amendment. The original 1837 version was less clear about witnessing requirements.

Section 18 amended: Marriage no longer automatically revokes a will if the will was made "in expectation of" that specific marriage. Before 1982, any marriage automatically revoked all existing wills. Now, if you make a will specifically contemplating your upcoming marriage, that will survives the marriage.

Section 18A inserted: Divorce or annulment is now treated as if the former spouse died. If you divorce after making a will that benefits your spouse, the will remains valid but your ex-spouse is treated as having predeceased you. This prevents your ex from inheriting if you forget to update your will post-divorce.

Section 20 introduced: Courts can now rectify wills with clerical errors or drafting failures. However, this power is limited to mistakes in expressing the testator's instructions—it doesn't fix formality failures like missing witnesses.

Section 21 introduced: Courts can now admit extrinsic evidence (evidence from outside the will itself) to interpret ambiguous provisions. Before 1982, courts could only look at the will's four corners.

Section 33 amended: This section allows substitution when a beneficiary predeceases the testator. If your child dies before you, their share can pass to their children (your grandchildren) automatically in some circumstances.

COVID-19 temporary changes: The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 temporarily allowed video-witnessed wills during the pandemic. This expired in January 2021. Wills now must meet the original Section 9 physical presence requirements again.

Why were these amendments needed? The original 1837 Act couldn't anticipate modern family structures (divorce, remarriage, blended families), increased life expectancy (wills might be executed decades before death), or technological changes (electronic documents, video conferencing).

The 1982 amendments brought wills law into the 20th century. The Law Commission's 2025 proposals aim to bring it into the 21st.

What Happens When a Will Doesn't Meet Wills Act Requirements?

The fundamental principle is unforgiving: if strict Section 9 requirements aren't met, the will is invalid. There's no "substantial compliance" doctrine in UK law—you either meet the requirements or you don't.

Invalid will equals intestacy: When a will is invalid, the deceased's estate passes according to intestacy rules rather than their documented wishes. These statutory rules have fixed priorities: spouse first, then children, then parents, then siblings, and so on. Learn what happens if you die without a will for the complete intestacy rules.

Rising disputes: 122 contested probate cases were filed in 2023, up from 116 in 2022. More significantly, caveat applications rose 56% from 2019 to 2024, with Q4 2024 being the first quarter to exceed 3,000 applications.

Executor liability: High Court claims against executors increased more than 20% in the past 12 months. Many cases involve executors distributing estates based on invalid wills, then facing personal liability when beneficiaries challenge.

Real consequences: Wrong people inherit. Intended beneficiaries receive nothing. Unmarried partners and stepchildren are disinherited. The estate pays for expensive legal disputes.

Michael's DIY will left his £200,000 estate to his unmarried partner of 15 years. He followed online instructions, drafted clear provisions, and signed the document. But he only had one witness sign it—his neighbor was available, but his neighbor's wife wasn't home, so he proceeded with just one signature.

When Michael died, his will was declared invalid. Under intestacy rules, his estate passed entirely to his adult children from a previous marriage. His partner—who had lived with him, cared for him during illness, and shared finances for 15 years—received nothing. The exact outcome Michael had tried to prevent.

Cost of rectifying invalid wills: Legal disputes over will validity can consume 20-30% of estate value. Even if the family doesn't want to fight, they have no choice—executors must follow the law, and the law says an invalid will means intestacy.

Why strict compliance matters: Unlike some US states that recognize "substantial compliance," UK courts take a hard line. A will either meets Section 9 requirements or it doesn't. There's minimal flexibility.

The 2024 case of The British Diabetic Association v Chenery confirmed that Section 9 requirements continue to be strictly enforced. The judge noted that while the requirements may seem technical, they exist to prevent fraud and ensure genuine testamentary intent.

Rectification and Dispensing Powers (Court Interventions)

Can courts save a will that doesn't strictly comply with Section 9? Currently, only in very limited circumstances.

Current law—Limited rectification power:

Section 20 of the Administration of Justice Act 1982 allows courts to rectify wills, but only for:

Clerical errors (solicitor mistypes "£100,000" as "£10,000")
Failure to understand testator's instructions (solicitor misinterprets what testator wanted and drafts accordingly)

Section 20 does NOT fix formality failures. If you're missing a witness signature, the court cannot add it. If witnesses signed in the wrong order, the court cannot fix it. Rectification applies only to drafting errors, not execution errors.

Section 21 of the Administration of Justice Act 1982 allows courts to admit extrinsic evidence—evidence from outside the will—to interpret ambiguous provisions. This helps clarify what the testator meant, but it doesn't fix invalid wills.

Example of what Section 20 can fix: Robert's will states "I leave my house at 15 Oak Street to my daughter Sarah." But Robert never owned property at 15 Oak Street—he owned 25 Oak Street. The solicitor made a clerical error when typing the address. The court can rectify this under Section 20 because there's clear evidence of the intended property and a drafting mistake.

Example of what Section 20 cannot fix: Robert's will was signed in front of only one witness instead of two. The court cannot rectify this because it's a formality failure under Section 9, not a drafting error. The will is invalid.

Law Commission reform proposal—Dispensing power:

The Law Commission's May 2025 report recommends introducing a "dispensing power" that would allow courts to validate wills that don't meet formalities if the testator's intentions are clear.

This would align the UK with Australia, Canada, and some US states, which have adopted substantial compliance doctrines. Under a dispensing power, a court could deem a document valid as a will if satisfied it reflects the person's "settled testamentary intentions"—even if formal requirements weren't met.

Example under proposed dispensing power: Michael's will was witnessed by only one person instead of two. However, there's substantial evidence he intended this document to be his will: he signed it, dated it, titled it "Last Will and Testament," discussed it with family, and stored it with important papers. Under a dispensing power, a court might validate this will despite the missing witness.

Timeline for implementation: The government must provide an interim response by November 2025 and a full response by May 2026. However, no implementation date has been announced. Even if the government accepts the recommendations, legislation would need to pass through Parliament—a process that could take years.

Current advice: While dispensing powers may eventually become law, they don't exist yet. If you're making a will in 2025, you must comply with Section 9 requirements as they currently stand. Do not rely on potential future reforms.

If you're concerned about a will's validity: Consult a contentious probate solicitor who can review the specific facts and advise on whether the will complies with Section 9. Do not attempt to assess compliance yourself—the case law interpreting "presence," "signature," and "attestation" is complex.

Law Commission Reforms—The Future of the Wills Act 1837

On 16 May 2025, the Law Commission published its final report "Modernising Wills Law," accompanied by a draft Bill to replace the Wills Act 1837. This represents the most significant proposed reform of UK succession law in decades.

Electronic wills—The headline reform:

The Law Commission recommends that electronic wills should be expressly permitted, provided they use a "reliable system" that:

Identifies the testator and witnesses, linking them to the document at the time of signing
Distinguishes the original will from copies
Protects the will from unauthorized alterations or destruction

What constitutes a "reliable system" is left to the courts or future regulations. The Law Commission anticipates further consultation by the Secretary of State before regulations define acceptable systems.

This would be revolutionary. Currently, a video of you reading your will while witnesses watch has zero legal effect. Under the proposed reforms, a properly secured electronic will could be valid.

Dispensing power—The practical reform:

Courts would gain power to "dispense with" formality requirements on a case-by-case basis. If satisfied that a document reflects the testator's "settled testamentary intentions," the court could deem it a valid will even if it doesn't meet Section 9 requirements.

This addresses the harsh outcomes we see today, where clearly genuine wills are invalidated over technical failures. It would align UK law with approaches already adopted in Australia, New Zealand, and parts of Canada.

Mental capacity—Simplification:

The Law Commission recommends adopting the Mental Capacity Act 2005 as the sole test for testamentary capacity. Currently, wills law uses the old Banks v Goodfellow test from 1870, creating confusion when the same person might have capacity under one test but not the other.

A single modern test would provide clarity for will-makers, medical professionals, and courts.

Marriage revocation—Abolition:

The Law Commission proposes abolishing the rule that marriage automatically revokes pre-existing wills. Currently, if you make a will then marry, your will is revoked unless you made it "in expectation of" that specific marriage.

This catches many people out. You make a will, then marry a few years later, and your will becomes invalid without you realizing. The Law Commission argues this outdated rule causes more problems than it solves.

Minimum age—Lowering:

The report recommends lowering the minimum age for making a will from 18 to 16, aligning with Scotland and many other jurisdictions.

Industry reaction: The legal profession has mixed views. Solicitors generally support dispensing powers and mental capacity simplification but have raised concerns about electronic will security. 42% of solicitors surveyed agreed that marriage should not automatically revoke wills.

Timeline and implementation:

The government must provide an interim response by November 2025 and a full response by May 2026. However, even if the government accepts the Law Commission's recommendations, they must still draft legislation, pass it through Parliament, and implement it—a process that typically takes years.

What this means for you now: These are proposals, not law. As of October 2025, the Wills Act 1837 remains in force with all its original requirements. When making your will today, you must comply with Section 9 as currently drafted—physical presence, paper document, two witnesses, signatures in the proper order.

Do not create a video will or electronic will expecting the reforms to validate it retroactively. If you make a non-compliant will now, it will be invalid now. The reforms, if enacted, would likely apply to future wills only.

How WUHLD Ensures Your Will Complies with the Wills Act 1837

Understanding Section 9 requirements is one thing. Ensuring your will actually complies is another.

That's where WUHLD's online will service makes the Wills Act 1837's requirements effortless. You don't need to become a legal expert—our system builds compliance into every step.

Built-in Section 9 safeguards:

Our guided process ensures all required elements are included automatically. You can't skip critical sections. You can't accidentally create an invalid will structure. The system is designed around Section 9 requirements.

Clear witnessing instructions: The biggest cause of invalid wills? Improper witnessing. Our comprehensive Witness Guide PDF explains exactly how to execute your will correctly. It walks your witnesses through the process step-by-step, ensuring they sign in your presence at the right time.

Beneficiary protection: The system prevents common mistakes like beneficiaries witnessing your will. If you list someone as a beneficiary, the system won't allow them to be a witness—protecting their inheritance under Section 15.

Preview before paying: You can review your complete will before committing. See exactly what your will says, verify all provisions are correct, and ensure you're satisfied—all before paying a single penny. No credit card required to preview.

Four compliance documents: When you complete your will with WUHLD, you receive:

Your complete, legally binding will (compliant with Section 9)
A 12-page Testator Guide explaining your responsibilities
A Witness Guide showing exactly how witnesses should sign
A Complete Asset Inventory document for your executor

These documents work together to ensure Wills Act 1837 compliance from creation through execution.

No legal knowledge required: You don't need to understand Victorian legislation. You don't need to know what "attestation" means or interpret case law on "presence." The system handles legal compliance while you focus on your wishes.

Compare the options:

WUHLD charges £49.99 for a complete will package with all four documents. A solicitor typically charges £650+ and still requires the same Section 9 formalities. Both create legally valid wills under the Wills Act 1837—the formal requirements are identical. The difference is cost and convenience, not legal validity.

Suitable for straightforward estates: WUHLD's service works for the majority of UK estates. If your situation involves overseas property, complex business interests, substantial trusts, or potential inheritance disputes, consult a solicitor specializing in estate planning. For straightforward estates—even valuable ones—WUHLD provides the same legal compliance at a fraction of the cost.

Start your legally compliant will today: Understanding the Wills Act 1837 is valuable. Creating a will that actually complies with it is essential. WUHLD makes that process simple, affordable, and legally sound.

Frequently Asked Questions

Q: What is Section 9 of the Wills Act 1837?

A: Section 9 sets out the formal requirements for a valid will in England and Wales. It requires that your will be in writing, signed by you in the presence of two witnesses, and that both witnesses sign in your presence. These requirements must be strictly followed for your will to be legally valid.

Q: Can a beneficiary witness a will under the Wills Act 1837?

A: A beneficiary can physically witness a will, but doing so makes their gift void under Section 15. The will remains valid, but the beneficiary-witness (and their spouse or civil partner) cannot inherit. Always use independent witnesses who have no interest in your estate.

Q: Are electronic wills valid under the Wills Act 1837?

A: No. Currently, only traditional signed-and-witnessed paper wills are valid in the UK. The Law Commission has recommended allowing electronic wills in their May 2025 report, but these recommendations haven't been enacted into law. Until legislation changes, you must use a paper will with physical witnesses.

Q: What happens if my will doesn't comply with the Wills Act 1837?

A: If your will doesn't meet Section 9 requirements, it's invalid. Your estate will pass according to intestacy rules rather than your documented wishes. UK courts have very limited power to save non-compliant wills, making strict compliance essential.

Q: Who can make a will under the Wills Act 1837?

A: Anyone aged 18 or over with mental capacity can make a valid will. You must understand the nature of making a will, the extent of your property, and the claims of potential beneficiaries. Exceptions exist for military personnel on active service and mariners at sea, who can make wills at any age.

Q: Will the Wills Act 1837 be replaced with new legislation?

A: The Law Commission published a draft Bill in May 2025 proposing to replace the Wills Act 1837. The government must respond by May 2026, but no implementation timeline exists. Even if accepted, passing new legislation through Parliament typically takes years. For now, the Wills Act 1837 remains in full force.

Q: Can courts fix wills that don't meet formal requirements?

A: Currently, UK courts have very limited power. Section 20 of the Administration of Justice Act 1982 allows rectification only for clerical errors or drafting failures—not for missing formalities like witness signatures. The Law Commission has proposed a "dispensing power" that would give courts more flexibility, but this hasn't been enacted.

Your Will Deserves 200 Years of Legal Certainty

Key takeaways:

The Wills Act 1837 remains the legal foundation for all UK wills 188 years after it was written, requiring specific formalities that must be strictly followed
Section 9 is the heart of the Act: Your will must be in writing, signed by you in front of two independent witnesses who also sign in your presence
Non-compliance is costly: 122 contested probate cases in 2023 and rising caveat applications show that invalid wills mean unintended beneficiaries inherit and estates face expensive legal battles
Proposed reforms may introduce electronic wills and court dispensing powers, but current law requires traditional signed-and-witnessed paper wills
Modern online will services like WUHLD build Wills Act 1837 compliance into their systems, ensuring legal validity without requiring legal expertise

The Wills Act 1837 might be Victorian, but its requirements aren't negotiable. A single missing witness signature can invalidate years of careful planning and leave your family facing intestacy rules instead of your documented wishes.

The good news? You don't need to be a legal scholar to create a compliant will—you just need the right guidance to follow the rules that have protected testators for nearly two centuries.

WUHLD's online will service ensures your will automatically complies with every requirement of the Wills Act 1837—no legal degree necessary. For just £49.99 (compared to £650+ with a solicitor), create a legally valid will in 15 minutes that includes:

Your complete, legally binding will meeting all Section 9 requirements
A 12-page Testator Guide explaining how to execute your will properly
A Witness Guide showing exactly how witnessing should be done
A Complete Asset Inventory document for your executor

Preview your complete will free before paying, with no credit card required, no subscriptions, and no hidden fees.

Preview Your Will Free – No Payment Required

Legal Disclaimer: This article provides general information about the Wills Act 1837 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 involving trusts, overseas assets, business interests, or uncertain beneficiary capacity may require professional legal advice.

Additional Disclaimer: This article describes current law and proposed reforms. Court rectification and dispensing powers have strict limits under current legislation. If you believe a will may be invalid, seek immediate legal advice from a contentious probate solicitor before taking any action as executor or administrator.

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