Definition
A witness is an independent person over 18 who watches you sign your will and then signs it themselves to confirm they saw you sign it freely and voluntarily.
Choosing the right witnesses is critical to your will's validity. Under English and Welsh law, you need two witnesses present at the same time when you sign your will.
What Does Witness Mean?
Under Section 9 of the Wills Act 1837, witnesses fulfill a specific legal role in validating your will. Two witnesses must be present together when you sign your will (or acknowledge your signature). Each witness must then sign the will in your presence. This process, called attestation, provides independent evidence that you signed the document freely.
Without two properly qualified witnesses signing at the same time, your will is legally invalid. Your estate would be distributed according to intestacy rules rather than your wishes. Sarah wanted to leave £80,000 to her daughter Emma, but signed her will with only one witness. When Sarah died, the will was invalid, and her estate was distributed under intestacy rules.
The critical restriction is found in Section 15 of the Wills Act 1837: beneficiaries and their spouses or civil partners cannot witness your will without losing their inheritance. If someone who benefits from your will acts as a witness, their gift becomes "utterly null and void." The will itself remains valid, but that person receives nothing. When James asked his son David to witness his will, David was inheriting £50,000. After James died, David lost his entire inheritance simply because he'd signed as a witness, even though the will was otherwise perfectly valid.
Almost anyone over 18 with mental capacity can be a witness—neighbours, friends, colleagues, or professionals like solicitors. Executors can witness your will if they're not also beneficiaries. Family members can legally witness if they (and their spouse) don't benefit. Best practice recommends using independent witnesses to reduce the risk of will contests based on undue influence.
Common Questions
"Can my husband witness my will?" Yes, your husband can witness your will if he's not receiving anything in it. However, it's better to use friends, neighbours, or professional witnesses like solicitors, as using family members could raise questions about independence if your will is challenged.
"What happens if one of my witnesses is also a beneficiary in my will?" Under Section 15 of the Wills Act 1837, if a beneficiary or their spouse witnesses your will, the gift to that beneficiary becomes void—they lose their inheritance. The rest of your will remains valid, but that person will receive nothing. This applies even if you have other witnesses who aren't beneficiaries.
"Can I sign my will today and have the witnesses sign it tomorrow?" No. All three people must be present together when the will is signed. You can sign first while they watch, or acknowledge your existing signature in their presence, but they must sign immediately while you're still there. If witnesses sign at a different time, your will isn't legally valid.
Common Misconceptions
Myth: Family members can never witness a will
Reality: Family members can witness your will if they (and their spouse or civil partner) are not beneficiaries. The Wills Act 1837 prohibits beneficiaries and their spouses from witnessing—not all relatives. Best practice recommends using independent witnesses because family members can strengthen undue influence claims if the will is contested.
Myth: Witnesses need to read the will to make sure it's fair
Reality: Witnesses have no legal requirement to read the will or know its contents. Their sole role is to confirm that they saw you sign the document and that you appeared to be signing freely and of sound mind. A witness is not responsible for the will's contents, fairness, or legality—they're only confirming the act of signing.
Related Terms
Understanding witnesses connects to these related concepts:
- Attestation Clause: The specific section of the will where witnesses sign and provide their details.
- Execution: The broader formal process of signing a will, of which witnessing is a critical component.
- Beneficiary: People who inherit from your will cannot act as witnesses without losing their gifts under Section 15 of the Wills Act 1837.
- Remote Witnessing: A modern alternative to in-person witnessing, though availability changed in 2024.
Related Articles
- UK Will Requirements: Is Your Will Legally Valid?: Witnessing is a fundamental legal requirement for will validity.
- How to Sign a Will in the UK (The Correct Way): Complete guide to the will signing process.
- Who Can Witness a Will in the UK?: Detailed guidance on selecting appropriate witnesses.
- What Happens if a Beneficiary Witnesses a Will?: Understand the consequences of this common mistake.
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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.