Witnessing a Will: The Rules

The witnessing a will rules in England and Wales

For a will to be legally valid in England and Wales you must be 18 or over, make it voluntarily and of sound mind, put it in writing, and sign it in the presence of two witnesses who are both over 18. Those two witnesses must then sign the will in your presence (gov.uk, make sure your will is legal, as at July 2026, subject to change). The witnessing requirement comes from section 9 of the Wills Act 1837 (legislation.gov.uk).

Requirement	What the rules say
Number of witnesses	Two
Minimum age of a witness	18 or over
Order of signing	You sign first, in their sight; they then sign in yours
Can a beneficiary witness?	Yes, but they usually lose their gift

Requirement

What the rules say

Number of witnesses

Two

Minimum age of a witness

18 or over

Order of signing

You sign first, in their sight; they then sign in yours

Can a beneficiary witness?

Yes, but they usually lose their gift

Who can witness a will

Almost any adult who is not benefiting from the will can act as a witness. A witness must be 18 or over, mentally capable of understanding what they are doing, and able to see you sign (gov.uk, as at July 2026, subject to change). Neighbours, colleagues, or a professional such as a solicitor are common choices. What matters is that each witness is independent of the gifts in the will.

The two witnesses do not have to sign at the very same moment as each other, but each must sign while you are watching, and both must have seen you sign or acknowledge your signature. Many people choose to have both witnesses present together throughout, as it keeps the sequence simple and hard to dispute later.

Requirements drawn from gov.uk, make sure your will is legal, as at July 2026, subject to change.

Who cannot witness a will

The main restriction is about benefit, not relationship. You cannot leave anything in your will to a witness or to the married or civil partner of a witness, so a beneficiary and their spouse should not act as witnesses (gov.uk, as at July 2026, subject to change). A witness should also be someone who can genuinely see the signing take place and understand that they are witnessing a will. Someone who lacks that capacity is not a safe choice.

Anyone under 18. A witness must be an adult.

A beneficiary. Anyone left a gift in the will should not witness it.

A beneficiary's spouse or civil partner. The same rule catches the married or civil partner of a beneficiary.

Someone who cannot see the signing. A witness who cannot observe you sign may not be able to witness validly.

What happens if a beneficiary witnesses the will

The will usually stays valid, but the gift to that person fails. If a beneficiary, or the spouse or civil partner of a beneficiary, acts as a witness, the will is generally still legally valid, yet that person loses what the will left them (gov.uk, as at July 2026, subject to change). The rest of the will is unaffected. This is why independent witnesses matter so much.

A worked example (illustration only). Priya makes a will leaving her flat to her brother and £10,000 to her friend Sam. At the signing, Sam and Sam's husband act as the two witnesses. The will is generally still valid, so the flat still passes to Priya's brother, but because Sam and Sam's spouse witnessed it, the £10,000 gift to Sam usually fails and Sam receives nothing (gov.uk, as at July 2026, subject to change). Using two neutral neighbours instead would have avoided the problem. Facts change outcomes, so this is general information rather than advice on any real will.

Can a will be witnessed by video call?

Not any longer for new wills. A temporary measure introduced during the coronavirus pandemic allowed wills to be witnessed by video link, but that allowance was time-limited and applied only to wills made up to 31 January 2024 (gov.uk, guidance on making wills using video-conferencing, as at July 2026, subject to change). New wills are now expected to follow the ordinary rule of two witnesses physically present. Because the position on older video-witnessed wills can be involved, it can be worth discussing any such will with a qualified professional.

Witnessing a will in Scotland and Northern Ireland

This guide describes the law of England and Wales. Scotland differs: a will there is generally validly executed when it is signed by the person making it, and a single witness can make the will "self-proving", which is a different scheme from the two-witness rule south of the border. Northern Ireland has a separate but broadly similar system to England and Wales, including a two-witness requirement. Where a will touches more than one UK nation, it can be worth taking advice in each. For the wider picture, see our estate planning guide.

Frequently asked questions

How many witnesses does a will need in England and Wales?

Two. A will must be signed in the presence of two witnesses who are both aged 18 or over, and those witnesses must then sign the will in the presence of the person making it (gov.uk, as at July 2026, subject to change). This applies in England and Wales; Scotland uses a different scheme. Getting the number or the sequence wrong can leave a will open to challenge.

Can a family member witness a will?

A relative can witness a will provided they are not left anything in it and are not the spouse or civil partner of a beneficiary. The rule is about benefit, not blood. If a family member who inherits under the will acts as a witness, the will is generally still valid but that person usually loses their gift (gov.uk, as at July 2026, subject to change). Many people choose neutral witnesses to avoid any doubt.

Can a beneficiary witness a will?

They can, but it is generally unwise. If a beneficiary, or the married or civil partner of a beneficiary, witnesses the will, the will normally stays valid while the gift to that person fails (gov.uk, as at July 2026, subject to change). The intended inheritance can simply be lost. Choosing two independent witnesses who take nothing under the will avoids this outcome.

Do both witnesses have to be present at the same time?

They must both be present when you sign or acknowledge your signature, and each must sign while you watch. The two witnesses do not have to add their own signatures at the exact same moment as each other, but many people keep everyone together throughout to keep the sequence simple and hard to dispute (gov.uk, as at July 2026, subject to change).

Can a will still be witnessed over video call?

For new wills, generally no. A temporary pandemic measure allowed video-witnessing for wills made up to 31 January 2024, but that has since ended (gov.uk, as at July 2026, subject to change). New wills are now expected to be witnessed by two people physically present. Where an older video-witnessed will exists, it can be worth taking advice on its status.

What happens if a will is not witnessed correctly?

A will that is not signed and witnessed to the legal standard may be invalid, which can mean an earlier will, or the intestacy rules, decide who inherits instead (gov.uk, intestacy rules, as at July 2026, subject to change). Because a witnessing mistake can be hard to fix after death, many people choose to have a will checked by a qualified professional before signing.

If your circumstances change after signing, the same witnessing standard usually applies to any update, which is covered in our note on changing a will. It can also help to know what not to put in a will before you draft.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.