Who Can Witness a Will?
A will must be witnessed correctly to be legally valid. Getting the witnessing rules wrong — particularly using a beneficiary as a witness — can void gifts and cause serious problems after death.
This guide explains who can and cannot witness a will in England and Wales, how many witnesses are needed, and what happens if the rules are not followed.
The Short Answer
- A will needs exactly two witnesses — both present at the same time
- Witnesses must be adults (18+) with mental capacity
- A solicitor can witness a will — and this is often advisable
- A beneficiary (or their spouse/civil partner) cannot witness the will
- Witnesses can be related to each other or to the testator — as long as they are not beneficiaries
- If a witness dies before the testator, the will remains valid
Who Can Witness a Will?
Any adult with mental capacity can witness a will — provided they are not a beneficiary (or the spouse/civil partner of a beneficiary).
Must be 18 or over
A witness must be an adult aged 18 or over at the time of witnessing. A minor cannot validly witness a will.
Must have mental capacity
The witness must understand what they are witnessing. A person who lacks mental capacity cannot validly witness a will.
Must be physically present
Both witnesses must be present at the same time when the testator signs (or acknowledges their signature). Remote witnessing via video call is not permitted for standard wills.
Can be a solicitor
Yes — a solicitor can witness a will. In fact, having a solicitor witness your will provides an additional layer of protection, as they can confirm the testator had capacity and understood what they were signing.
Who Cannot Witness a Will?
These are the most important rules — getting them wrong can void gifts or invalidate the will entirely.
Beneficiaries and their spouses/civil partners
A beneficiary named in the will — or the spouse or civil partner of a beneficiary — cannot witness the will. If they do, the gift to that beneficiary is void (though the rest of the will remains valid). This is one of the most common and costly mistakes in DIY wills.
The testator themselves
The person making the will (the testator) cannot be their own witness. This seems obvious, but it is worth stating clearly.
Blind witnesses
A person who is blind cannot validly witness a will, as they cannot see the testator sign.
The Most Common Witnessing Mistake
The most common — and costly — witnessing mistake is using a beneficiary (or their spouse) as a witness. If this happens, the gift to that beneficiary is void. They lose their inheritance. The rest of the will remains valid, but the affected beneficiary receives nothing. This mistake is irreversible after the testator dies. It is one of the main reasons we strongly recommend having a will professionally drafted and witnessed by a solicitor.
The Formal Requirements for a Valid Will
In writing
The will must be in writing — handwritten or typed.
Signed by the testator
The person making the will must sign it (or direct someone to sign on their behalf in their presence).
Two witnesses present
Both witnesses must be present at the same time when the testator signs.
Witnesses sign
Both witnesses must sign the will in the testator's presence after the testator has signed.
Frequently Asked Questions
Who can witness a will in England and Wales?
Any adult (aged 18 or over) with mental capacity can witness a will, provided they are not a beneficiary under the will, and not the spouse or civil partner of a beneficiary. The witness does not need to know the contents of the will — they are simply confirming that the testator signed in their presence.
Can a solicitor witness a will?
Yes — a solicitor can witness a will. There is no rule preventing this. In fact, having a solicitor witness your will can be beneficial, as they can provide evidence that the testator had capacity and understood what they were signing. At PDA Law, we routinely witness wills as part of our will-drafting service.
Can a beneficiary witness a will?
No. A beneficiary named in the will — or the spouse or civil partner of a beneficiary — cannot witness the will. If a beneficiary witnesses the will, the gift to that beneficiary is void (they lose their inheritance), although the rest of the will remains valid. This is one of the most common and costly mistakes in DIY wills.
Can a beneficiary be present when a will is signed?
A beneficiary can be present in the room when a will is signed, but they must not act as a witness. Only the two independent witnesses should sign. To avoid any suggestion of undue influence, it is generally advisable for beneficiaries not to be present at all.
Can witnesses to a will be related to each other?
Yes — the two witnesses can be related to each other (for example, a married couple). The key rule is that neither witness can be a beneficiary under the will, or the spouse/civil partner of a beneficiary. There is no rule preventing the witnesses from being related to each other.
Can witnesses to a will be related to the testator?
Yes — a witness can be related to the person making the will (the testator), provided they are not a beneficiary under the will. For example, an adult child who is not named in the will could witness it. However, if that child is a beneficiary, they cannot witness.
How many witnesses does a will need?
A will in England and Wales must be witnessed by exactly two independent witnesses, who must both be present at the same time when the testator signs. Both witnesses must then sign the will in the testator's presence. One witness is not sufficient — the will would be invalid.
What happens if a witness to a will dies before the testator?
The will remains valid even if a witness dies before the testator. The witness's role is simply to confirm that the testator signed the will — once they have done so, the will is valid regardless of what happens to the witness afterwards. However, if the witness's death raises questions about the will's validity, it may be harder to obtain evidence. This is one reason why solicitor-drafted wills are preferable — the firm retains records.
Does a witness need to know what is in the will?
No. A witness does not need to read or know the contents of the will. They are simply confirming that the testator signed the document in their presence. The will can be in a sealed envelope when the witnesses sign, provided the testator acknowledges that the document is their will.
Can a will be witnessed remotely or online?
No — for standard wills in England and Wales, both witnesses must be physically present with the testator at the time of signing. Remote witnessing via video call is not permitted for standard wills. (There was a temporary exception during the COVID-19 pandemic, but this has now ended.)
What happens if a will is not properly witnessed?
A will that is not properly witnessed is invalid. This means the estate would be distributed under the intestacy rules (as if there were no will), which may not reflect the testator's wishes. This is why it is so important to have a will professionally drafted and witnessed.
Do solicitors keep copies of wills?
Yes — at PDA Law, we retain a copy of every will we draft. We also offer a will storage service. Keeping your will with your solicitor means it is safe, cannot be lost or destroyed, and can be located quickly after your death. We recommend telling your executor where your will is stored.
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