Definition
Execution of a will is the formal signing process required by law to make your will legally valid, involving your signature and two independent witnesses who must be present together.
Choosing the right time and place to execute your will is one of the most critical steps in estate planning, as proper execution transforms your written wishes into a legally binding document.
What Does Execution (of a Will) Mean?
Under Section 9 of the Wills Act 1837, execution is the formal ceremony of signing that transforms a document into a legally valid will. The law sets out strict formalities: the will must be in writing, signed by the testator (or someone signing at their direction), and witnessed by two people present together at the same time. These formalities exist to prevent fraud, ensure the testator's genuine intention, and create clear evidence that the will is authentic.
The execution process follows a specific sequence. You must sign your will (or acknowledge your existing signature) in the presence of two witnesses who are both physically present together. Each witness then signs the will in your presence to confirm they observed your signature. Most execution ceremonies happen in a single session—typically around the same table within 10 minutes. Witnesses don't need to read the will or know its contents, but they must provide their name, address, and occupation. Sarah executed her will at her kitchen table with neighbours James and Emma both present. She signed first while they watched, then James signed while Sarah watched, then Emma signed while Sarah watched. All three signatures were completed within 10 minutes, making the execution valid.
Execution errors are the most common reason wills are declared invalid. If a beneficiary acts as witness, the will remains valid but their gift becomes void under Section 15 of the Wills Act 1837—they receive nothing despite your clear intentions. Witnesses must be 18 or over, mentally capable, and not blind. Remote witnessing via video call was temporarily permitted between 31 January 2020 and 31 January 2024 due to COVID-19, but since 1 February 2024, all witnesses must be physically present together. An attestation clause—a statement describing what happened during execution—isn't legally required but creates a presumption of due execution that makes probate significantly easier. David signed his will alone at home, then took it to neighbour Robert's house for one signature, then to neighbour Margaret's house the next day for the second signature. Neither witness was present when David signed, so the will is invalid. When David dies, his estate will be distributed under intestacy rules instead of his wishes.
Common Questions
"Do both witnesses need to watch me sign my will at exactly the same time?" Yes, both witnesses must be physically present together when you sign your will or acknowledge your signature. They can then sign one after the other in your presence, but Section 9 of the Wills Act 1837 specifically requires witnesses to be "present at the same time" when you sign.
"Can I sign my will before my witnesses arrive and just have them witness my signature later?" If you've already signed, you can "acknowledge" your signature to two witnesses who are both present together—meaning you show them the signature and confirm it's yours. The witnesses then sign in your presence, making the execution valid under Section 9(c). You cannot simply sign beforehand without this formal acknowledgment.
"What happens if I make a mistake during the execution ceremony—can I fix it?" If you realize immediately, you can start over with fresh witnesses and re-sign correctly. If the will has already been executed with errors (such as one witness being a beneficiary), you typically need to prepare and execute a completely new will. Courts very rarely allow execution errors to be corrected after the testator's death.
Common Misconceptions
Myth: As long as two people sign my will as witnesses, it doesn't matter when or where they sign it.
Reality: The timing and location absolutely matter. Both witnesses must be physically present together in the same place when you sign your will or acknowledge your signature. Taking your will to two different neighbours on different days makes the will invalid, even if both neighbours sign it. Section 9 of the Wills Act 1837 specifically requires witnesses to be "present at the same time."
Myth: If I ask my daughter to witness my will, it's fine as long as I'm also leaving something to my son.
Reality: If your daughter is a beneficiary in your will (or married or in a civil partnership with a beneficiary), she can technically act as a witness—but her gift automatically fails and becomes void under Section 15 of the Wills Act 1837. The will itself remains valid, but she receives nothing. Always use independent witnesses who don't benefit from your will.
Related Terms
Understanding execution (of a will) connects to these related concepts:
- Witness: The two independent people who observe and confirm your signature during execution.
- Attestation: The formal act of witnesses confirming the execution ceremony took place correctly.
- Testator: The person executing the will and making their testamentary wishes legally binding.
- Valid Will: Proper execution is one of several requirements for a will to be legally valid.
Related Articles
- Understanding Will Validity Requirements: Explains how execution fits within the broader framework of what makes a will legally valid.
- How to Sign Your Will Correctly: Provides step-by-step guidance on the execution ceremony and witnessing process.
- Common Will-Making Mistakes to Avoid: Highlights execution errors as the leading cause of invalid wills.
- Who Can Witness Your Will in the UK: Details exactly who can and cannot act as a witness during execution.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.