Who can witness a Will?

It’s extremely important to follow all the formalities to ensure your Will is valid. These formalities include making sure your Will is correctly witnessed.

The witness’s role is to confirm that the person who has written the Will (the testator) is the same person who is signing it, that they have not been coerced into signing and they have the mental capacity to sign and understand what they are signing.

If a Will isn’t properly witnessed (for example, there are not two witnesses), it could be declared invalid by a court. The result of this would mean that the rules of intestacy would apply or, if there is an earlier Will, it would be considered a valid document.

So, who can witness your Will?

• Someone who is at least 18 years old.
• Someone who has the mental capacity to understand that they are witnessing the signing of a legal document.
• Ideally, someone who is independent of the Will, in particular someone who is not going to be a beneficiary under the Will nor that beneficiary’s spouse or civil partner. Often a Will is witnessed by a family friend or a professional, such as an accountant or your lawyer.
• Not your spouse or civil partner.

Who cannot witness your Will?

• Someone who is under 18 years old.
• Someone who will be a beneficiary under the Will.  
• Someone who cannot physically see the signature of the person whose Will they are witnessing, therefore meaning someone who is blind or partially sighted, or not physically present to see the signing (or the testator pointing at their signature to confirm it is their’s).

How many witnesses do I need?

A Will must be witnessed by two independent witnesses, both of whom must be present at the same time and see the testator sign the document.

Why does the witness need to be independent?

It is important that the witness is impartial, as this will avoid conflicts of interest or undue influence. It’s possible that if someone who is a beneficiary of the Will witnesses it, the gift under the Will to them may be invalid.

Can an executor of the Will be a witness?

Yes, an executor can act as a witness, provided they are not also a beneficiary under the Will. Executors are responsible for administering the estate, not benefiting from it, so independence is preserved.

Does the witness need to read and understand the Will they are witnessing?

No. A witness does not need to read the Will or understand its contents. Their role is limited to witnessing the signing process and confirming that it was carried out correctly.

Does the witness have any ongoing responsibilities?

No, not unless someone claims that the Will is invalid after the testator has died. If such a claim is made, the witnesses may be asked to sign an affidavit explaining the circumstances in which the Will was signed. For this reason, it’s better to avoid someone as a witness who might be difficult to trace in the future should the Will be challenged (for example, a stranger).