Do You Need to Notarise a Will in the UK?
No — wills in England and Wales do not need to be notarised. A notary is not involved in the will-making process under English law, and notarisation does not make a will more valid. What the law requires is completely different: a signature and two independent witnesses.
The short answer
No notarisation is required. An English will is valid without any involvement from a notary, a solicitor, a court, or any official body.
What IS required(under s9 Wills Act 1837): the testator signs the will in the presence of two independent witnesses, who both also sign in the testator’s presence. That is all.
The confusion arises because notarisation is a requirement for important legal documents (including wills) in many other countries — particularly civil law jurisdictions such as France, Germany, Spain, and Italy. It also features prominently in US legal content online, which many UK searchers encounter and naturally wonder whether it applies here.
It does not apply in England and Wales.
What the Wills Act 1837 Actually Requires
Section 9 of the Wills Act 1837 (as amended by s17 Administration of Justice Act 1982) sets out the formal requirements for a valid will in England and Wales. These requirements have not changed materially since 1982:
In writing
The will must be a physical written document — handwritten, typed, or printed. An oral will ('nuncupative will') is no longer valid in England and Wales for civilians (it was abolished in 1837 for civilian wills).
Signed by the testator
The testator (the person making the will) must sign at the bottom or otherwise make a mark on the will. A signature is the most common form; an 'X' or other mark is also acceptable. Someone else can sign on behalf of the testator if the testator directs them to do so and is present.
Signature made or acknowledged in the presence of two witnesses
The testator must sign (or acknowledge their existing signature) in the presence of both witnesses simultaneously. Both witnesses must be present at the same time.
Each witness attests and signs
Each witness must sign the will in the testator's presence (they do not have to sign in each other's presence). The witnesses confirm by signing that they saw the testator sign.
Witnesses must be independent
Witnesses cannot be beneficiaries under the will, or the spouse or civil partner of a beneficiary. If a beneficiary or their spouse witnesses the will, that gift is void — though the rest of the will remains valid.
No solicitor required. No notary required. No official stamps or registration required. No court involvement required. A DIY will that meets these five requirements is just as legally valid as one drafted by a solicitor.
When a Notary IS Relevant for an English Will
While notarisation is not required to make an English will valid in England and Wales, there are situations where involving a notary becomes relevant:
Using an English will abroad (apostille)
If you have assets in a foreign country and want to use your English will there, that country’s courts may require an apostille — a certification under the Hague Convention (1961) that authenticates the signature of the official who has certified the will. In England, this involves having a solicitor certify a copy of the will, then obtaining an apostille from the FCDO. This process does not change the validity of the will under English law; it simply makes it acceptable to foreign legal systems.
Proving a foreign will in England
If someone dies having made a will in another country, that foreign will may be admitted to probate in England if it was valid under the law of the country where it was made. A will from a civil law country may come with a notarial certificate. The English probate court can accept it.
Cross-border estates with property abroad
If you own property in France, Spain, or another EU country, that country’s law may require you to use a local will (made before a notary) for those assets, even if your main English will covers English assets. The EU Succession Regulation (Brussels IV) allows you to choose the law of your nationality to govern your entire estate — but implementing this choice correctly requires legal advice in each relevant jurisdiction.
Common Misconceptions
Myth: A will needs to be registered or filed with a court to be valid
Fact: False. A will is private and unregistered during the testator's lifetime. It only becomes a public document when admitted to probate after death. Optional registration with the National Will Register (Certainty) helps locate a will after death but is not required for validity.
Myth: A notarised will is stronger or harder to contest
Fact: False. Notarisation has no effect on a will's validity under English law, and it does not make a will harder to contest. The grounds for contesting a will (lack of testamentary capacity, undue influence, fraud, improper execution) are the same whether the will was notarised or not.
Myth: US-style 'self-proving wills' work in England
Fact: False. Self-proving wills are a US concept involving a notarised affidavit from the testator and witnesses. This concept has no equivalent in English law. Witnesses to an English will cannot 'pre-prove' the will.
Myth: A will signed without a solicitor present is less valid
Fact: False. Solicitor involvement is not required. A will properly signed by the testator and two independent witnesses is equally valid whether a solicitor drafted it or not.
Frequently Asked Questions
What makes a will valid in England and Wales?
Under s9 Wills Act 1837 (as amended by the Administration of Justice Act 1982), a will is valid in England and Wales if: (1) it is in writing; (2) it is signed by the testator (or by someone else at the testator's direction and in their presence); (3) the testator intends the signature to give effect to the will; (4) the signature is made or acknowledged in the presence of two or more witnesses present at the same time; and (5) each witness either attests and signs the will, or acknowledges their signature, in the presence of the testator. The witnesses do not have to sign in each other's presence — only in the testator's presence. No notarisation, no court seal, no official certification is required.
What is a notary and what does notarisation mean?
A notary (or notary public) is a legally qualified professional who verifies and authenticates documents for use in legal transactions, particularly those with an international element. Notarisation involves the notary certifying that a document was signed by a particular person (who they have identified) on a particular date. This is a common requirement in civil law countries (France, Germany, Spain, Italy, and most of continental Europe) for important legal documents including wills. It is not a requirement under English law for a will made in England and Wales.
Do I need an apostille on my English will?
An apostille is not required to make a will valid in England and Wales — but may be required if you want to use an English will to deal with assets in another country. The Apostille Convention (Hague Convention of 5 October 1961) provides a simplified method for countries to authenticate documents for use in other signatory countries. If you have property in France, Spain, or another Hague Convention country, that country's legal system may require an apostille to verify that the English will is authentic. The apostille is obtained from the Foreign, Commonwealth and Development Office (FCDO) for a small fee. It certifies the authenticity of the document but does not change the substantive requirements for validity under English law.
What is a 'self-proving will' and does it apply in England?
A self-proving will is a concept from US law. In many US states, a will can be 'self-proved' by having the testator and witnesses sign an affidavit before a notary public at the time of execution. When probate is applied for, the court accepts the self-proving affidavit as evidence that the will was properly signed — without requiring the witnesses to appear in court. This concept does not exist in English law. England and Wales have no equivalent to the 'self-proving will.' If a probate registry questions whether a will was properly executed, evidence is obtained by contacting the witnesses (or using an 'affidavit of due execution' if a witness cannot be found). US-based legal content about notarised or self-proving wills does not apply to English law.
I am an expat living abroad — do I need to do anything special with my English will?
This depends on the country you are living in and where your assets are located. For assets in England and Wales, an English will (properly witnessed under s9 Wills Act 1837) will be recognised by the English probate court regardless of where you are living. For assets in another country, that country's legal system will determine whether your English will is recognised. Under the EU Succession Regulation (Brussels IV), EU member states generally recognise a will made in the deceased's country of habitual residence or nationality. You may need a local will for local assets, or an international will (Hague Convention form). An expat with significant foreign assets should seek specialist cross-border estate planning advice.
Make a Valid Will Without a Notary or Solicitor
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