Who Can Witness a Will in the UK?

Who can witness a will?

Anyone aged 18 or over who is not a beneficiary, and not married to or in a civil partnership with a beneficiary, can witness a will. Friends, neighbours or colleagues are all fine, as long as they meet those conditions. The person making the will is called the testator, but the testator cannot act as their own witness.

A witness does not need to be a solicitor or any kind of professional. What matters is that they are old enough, mentally capable of understanding what they are witnessing, and have no personal stake in your will. Many people use two independent adults, such as neighbours or friends, specifically to avoid any question over whether a witness benefits from the will.

Can a beneficiary witness a will?

A beneficiary can technically witness a will, but doing so cancels their own gift under the Wills Act 1837. The will itself stays valid. Only that person’s inheritance is lost.

This rule also catches a beneficiary’s husband, wife, or civil partner. If you leave your son a gift and his wife witnesses your will, his gift is void, even though he had nothing to do with the signing. The safest approach is always to use two witnesses who inherit nothing from the will and are not married to anyone who does.

What are the rules for signing and witnessing a will?

You and your two witnesses must all be present together, sign the same document, and each witness must have a clear view of you signing. Skipping any part of this can make the whole will invalid, not just one gift.

A common mistake is getting witnesses to sign at different times, for example one in the morning and the other later that day after seeing a copy. Both witnesses need to watch the actual signing happen at the same time, in the same place. Signing again in front of a second witness later does not fix a will that was only witnessed by one person the first time round.

1. You sign your will in front of both witnesses at the same time, not one after the other.
2. Each witness watches you sign, with a clear line of sight, then signs the will themselves in your presence.
3. Everyone signs the same physical document. A witness cannot sign a separate copy or confirm it after the fact.

A temporary law allowed witnessing by video link during the pandemic, but that provision expired in January 2024 and is no longer in force. Witnesses must be physically present with you when you sign, not watching remotely. Check the current official guidance on gov.uk in case the rules change again.

What happens if a will is witnessed incorrectly?

An incorrectly witnessed will can be entirely invalid, or valid with a cancelled gift, depending on the mistake. The two most common errors are very different in their consequences.

If you use only one witness, or a witness under 18, or nobody actually watches you sign, the whole will can fail. That is one of the clearest routes to an invalid will. If your only mistake is a beneficiary or their spouse acting as a witness, the will itself remains valid. That person’s gift is cancelled instead, and their share falls back into the rest of your estate.

Disputes over witnessing are also expensive to sort out after death, since they can mean a contested probate application rather than a straightforward one, and probate court fees themselves have risen sharply in 2026. Getting the witnessing right when you sign is far cheaper than fixing it afterwards. Either way, the fix is straightforward: make a new will online, checked by a solicitor, with witnesses who have no connection to your beneficiaries.

What if a witness dies before you do?

A witness dying before you does not affect your will’s validity in any way. Once your will is signed and witnessed correctly, that step is complete and permanent regardless of what happens to the witnesses afterwards.

Witnesses only need to be available if their evidence is later needed to prove the will was signed correctly, which is rare and usually only comes up if the will is contested. There is no need to update your will just because a witness has since died, moved away, or lost touch with you. The attestation clause at the end of your will records that all of this happened correctly. If that clause is missing or unclear and a witness cannot be traced, probate can still proceed using an affidavit of due execution. This is a sworn statement confirming the will was signed properly, though it adds time and cost your executors would rather avoid.

A codicil, a formal amendment to an existing will, needs its own two witnesses in exactly the same way as the original will. Many people assume a codicil is exempt from these rules because it is only a small change, which is a common and avoidable mistake.

What if you cannot sign your own will?

If you are physically unable to sign, the law allows someone else to sign on your behalf, as long as they do it in your presence and at your clear direction. This keeps a will available to people who cannot hold a pen themselves.

Under the Wills Act 1837, another person can sign for you provided you are present when they do it and you have clearly told them to. They can sign in their own name rather than yours, and the will is still treated as signed by you. A mark, such as a thumbprint or an X, made by you with the intention of it being your signature is also accepted. The same two witnesses are still required, and courts look closely at cases like this afterwards, so the direction to sign should be clear and, ideally, recorded.

Frequently asked questions

Can a family member witness my will?

Yes, a family member can witness your will as long as they are 18 or over and are not a beneficiary or married to one. Many people avoid using close family specifically to remove any doubt, but there is no legal rule against it beyond the beneficiary restriction.

How many witnesses does a will need?

A will needs two witnesses in England and Wales, both aged 18 or over, present together when you sign. Using only one witness, or witnesses who are not both present, is one of the most common reasons a will is later found invalid.

Does a solicitor have to witness my will?

No, a solicitor does not need to witness your will. Any two independent adults aged 18 or over can act as witnesses. Using a solicitor-checked online will still gets your document reviewed before signing, which catches witnessing mistakes before they matter.

What happens if a beneficiary witnesses my will by mistake?

The will itself remains valid, but that beneficiary’s gift is cancelled under the Wills Act 1837. Their share does not pass to them and instead falls back into the rest of your estate. This also applies if a beneficiary’s husband, wife, or civil partner is the witness.

Can a blind person witness a will?

A witness generally needs to be able to see you sign, so someone who cannot see is not able to fulfil the legal requirement of witnessing in the usual way. If you are unsure about a specific situation, get advice before you sign.

What if I cannot physically sign my own will?

Someone else can sign on your behalf, as long as they do it in your presence and you have clearly directed them to. A mark such as a thumbprint is also accepted if you intend it as your signature. The same two witnesses still need to be present and sign in the usual way.