Who Can Witness a Will in the UK? (2026)
Getting the witnessing wrong is one of the most common reasons a will fails — or a beneficiary loses their inheritance. English law is clear: you need two independent adult witnesses, both present at the same time. Here is exactly who qualifies, who is banned, and what happens when you get it wrong.
The core rule (Wills Act 1837, s.9)
Your will must be signed by you in the presence of two witnesses, who must then each sign the will in your presence. All three of you must be physically present at the same time. A will that does not meet this requirement is invalid.
The basic witness requirements
Under section 9 of the Wills Act 1837, a will is only validly executed if:
- It is in writing and signed by the person making the will (the testator), or by someone else in their presence and at their direction
- The testator's signature is made or acknowledged in the presence of two witnesses present at the same time
- Each witness attests and signs the will (or acknowledges their signature) in the presence of the testator
Each witness does not need to be present when the other witness signs — but all three parties must be present when the testator signs or acknowledges their signature. In practice, the simplest approach is to have everyone in the same room and sign one after another, which is what most DIY will kits (including ours) are designed for.
Who CAN witness a will
Any person who meets all three of the following conditions can witness your will:
Aged 18 or over
There is no upper age limit. A witness can be any age from 18 upwards, provided they have mental capacity.
Has mental capacity
The witness must understand what they are doing — that they are witnessing you sign a legal document. There is no requirement for them to know what is in the will.
Not a beneficiary (or married to one)
This is the critical rule. If a beneficiary of the will (or their spouse or civil partner) witnesses the will, their gift is automatically voided under section 15 of the Wills Act 1837.
Suitable witnesses include: neighbours, friends, work colleagues, a GP or nurse (if you are making a will in hospital), a solicitor's staff member, or any other adult who is not receiving anything under your will.
Who CANNOT witness a will
These categories of person should not witness your will:
A beneficiary named in the will
If they witness, their gift is void. The will remains valid, but they receive nothing. This is section 15 of the Wills Act 1837 — it applies even if the gift was clearly intended.
The spouse or civil partner of a beneficiary
The same section 15 rule applies. If your beneficiary's spouse witnesses your will, the beneficiary's gift is void — even though the spouse themselves is not named in the will.
Anyone under 18
A minor's witness signature is not valid. Always check that both witnesses are adults.
Anyone who lacks mental capacity
A witness must understand they are witnessing a legal document. If there is any doubt about a person's capacity, use a different witness.
Can a family member witness a will?
Yes — but only if they are not a beneficiary (or married to one). A sibling, parent, adult child, or other relative who receives nothing under the will can validly witness it. There is no blanket rule against family members as witnesses.
That said, if your family members are also beneficiaries (which is common), it is cleanest to use two non-family witnesses — neighbours are the traditional choice, precisely because they are unlikely to be named in the will.
Can an executor witness a will?
Yes — an executor can witness your will, but only if the executor is not also a beneficiary (or the spouse of a beneficiary). Many people appoint a trusted friend or sibling as both executor and a beneficiary. In that case, they must not witness the will or their inheritance is voided.
If your executor is a pure administrator (receives no gift themselves), they are a perfectly valid witness. Our guide to executors and beneficiaries explains the section 15 rule in full.
The section 15 trap — why it matters
Section 15 of the Wills Act 1837 is the most important witness rule to understand:
If a person who witnesses a will is also a beneficiary under it (or the spouse or civil partner of a beneficiary), that beneficiary's gift under the will is void — even though the will itself remains valid.
This is not just a technicality. It means that if your spouse witnesses your will and you have left them everything, they would inherit nothing under the will — even though it was clearly your intention. The estate would pass under intestacy rules as if the gift had not been made.
The fix is simple: use two independent witnesses who are not beneficiaries and are not married to beneficiaries.
Witnessing rules in 2026 — no more remote signing
During the COVID-19 pandemic, the government temporarily permitted remote witnessing via live video link. That allowance ended on 31 January 2024. Since then, all wills must be executed in the traditional way — all parties physically present in the same room at the same time.
If you made a will between 31 January 2020 and 31 January 2024 using video witnessing, it should be valid (the legislation applied retrospectively). However, if you need to make or re-sign a will now, it must be done in person.
Step-by-step: how to sign your will correctly
- Gather all three people — you and both witnesses — in the same room at the same time
- You sign the will (or acknowledge your existing signature) in front of both witnesses
- Witness 1 signs the will in your presence (you must still be in the room)
- Witness 2 signs the will in your presence (you must still be in the room)
- Each witness adds their name, address, and occupation — this helps identify them if the will is challenged
Nobody needs to read the contents of the will. Witnesses are simply confirming that they saw you sign. You do not need to tell them what is in it — and most people do not.
Does the witness need to know what is in the will?
No. Witnesses do not need to know the contents of the will. They are only attesting that they witnessed you sign (or acknowledge your signature) on a document. You can keep the contents entirely private — simply fold the will so only the signature line is visible, sign, and have them counter-sign.
Frequently asked questions
Can a family member witness a will in the UK?
Yes — a family member can witness your will, provided they are not a beneficiary (or married to / in a civil partnership with a beneficiary). A sibling, parent, or adult child who receives nothing under the will is a perfectly valid witness. If in doubt, use two non-family witnesses such as neighbours or work colleagues.
Can a beneficiary witness a will?
No. If a beneficiary (or their spouse or civil partner) witnesses your will, the will remains legally valid but that witness's gift is void under section 15 of the Wills Act 1837 — they receive nothing. The rest of the will stands and is distributed normally. This is one of the most common and costly DIY will mistakes.
Can an executor witness a will?
Yes — an executor can witness your will, but only if they are not also a beneficiary (or married to one). Many people appoint a trusted friend as both executor and residuary beneficiary; in that case, they must not witness the will. If your executor is not a beneficiary, they are a perfectly valid witness.
Do both witnesses need to be present at the same time?
Yes. The Wills Act 1837 requires that both witnesses are physically present when you sign the will, and that you then sign (or acknowledge your signature) in their joint presence. Both witnesses then sign in your presence. Sequential witnessing — where one witness leaves before the second arrives — is not valid.
Can a witness be under 18?
No. A witness must be an adult (18 or over) with mental capacity. A minor's signature as a witness may render the will invalid. Always use two adults who are clearly old enough and able to understand what they are witnessing.
Can witnessing be done remotely or by video call?
No. Remote witnessing via video call was temporarily permitted in England and Wales during the COVID-19 pandemic (July 2020 to January 2024), but that allowance ended on 31 January 2024. All witnessing must now be done in person, with all parties physically present in the same room at the same time.
What happens if a will has only one witness?
The will is invalid. English law requires two witnesses. A will signed in the presence of only one witness has not been properly executed under section 9 of the Wills Act 1837 and cannot be admitted to probate. You must re-sign the will in front of two valid witnesses.
Can a solicitor be a witness?
Yes — a solicitor can witness your will, provided they are not a beneficiary. In practice, many solicitors prefer not to act as witnesses to avoid any perception of conflict. Your solicitor can always arrange for two staff members to witness the signing instead.
Ready to write your will?
WillSafe UK's DIY will kits include plain-English signing and witnessing instructions — so you get every step right first time. No solicitor needed for a straightforward estate.