Will Execution Requirements UK (2026): How to Sign a Will Legally

Under section 9 of the Wills Act 1837 a will is only valid if: (1) it is in writing (any legible form — typed or handwritten); (2) it is signed by the testator (the person making the will), or by some other person in the testator's presence and by their direction; (3) it appears that the testator intended by their signature to give effect to the will; and (4) the signature is made or acknowledged by the testator in the presence of two witnesses who are both present at the same time and who each sign (attest) the will in the testator's presence. All four requirements must be met. Failure on any one of them renders the will void — meaning the estate passes under the intestacy rules as if no will existed.

Any person aged 18 or over who has mental capacity can witness a will. The critical restriction is that a witness (or the spouse or civil partner of a witness) must not be a beneficiary under the will. If a beneficiary witnesses the will, the will remains legally valid but the gift to that beneficiary is void — they take nothing. Witnesses do not need to read the will or know its contents; they are simply confirming they saw the testator sign (or acknowledge their signature). Solicitors, neighbours, friends, or colleagues are all suitable witnesses. An executor named in the will may witness it — being an executor does not disqualify you as a witness unless you are also a beneficiary.

Yes. Section 9(c) of the Wills Act 1837 requires that both witnesses are present at the same time when the testator signs (or acknowledges their signature), and that each witness then signs the will in the testator's presence. You cannot have one witness sign on Tuesday and the second on Wednesday — both must be present in person simultaneously (or, from September 2020, via videolink under the temporary and then permanent electronic witnessing rules). A will signed by only one witness, or by two witnesses at different times, is invalid.

Yes. Section 9 allows the testator to either (a) sign the will in front of both witnesses, or (b) acknowledge a pre-existing signature to both witnesses simultaneously. Acknowledgement means showing the witnesses a will you have already signed and confirming to them that the signature on it is yours. Both witnesses must be present during the acknowledgement and must then sign in the testator's presence. This is useful if, for example, the testator has limited mobility and signed earlier in a more comfortable position.

An attestation clause is a short statement at the end of the will — typically reading something like: 'Signed by the testator as their last will in the presence of us both, present at the same time, who in their presence and in the presence of each other have subscribed our names as witnesses.' An attestation clause creates a presumption that the will was properly executed; the burden of proof then shifts to anyone challenging validity to show the formalities were not met. Without an attestation clause, the court may require affidavit evidence from the witnesses before admitting the will to probate. Every properly drafted will should contain an attestation clause.

From 28 January 2020, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 and then the permanent amendment in the Wills Act 1837 (Electronic Communications) (Amendment) Order 2022 allow witnessing via live videolink. The testator and both witnesses must be able to see and hear each other in real time; the original physical document must still be signed in wet ink; and both witnesses must subsequently sign the same physical document (not a digital copy). Pure digital signatures (DocuSign-style) on a PDF do not satisfy the Wills Act — a wet-ink signature on paper remains required. The testator must retain the original signed will.

If a will fails execution formalities it is void. The estate passes under the intestacy rules or, if there is a prior valid will, under that earlier will. The courts have very limited discretion to save a defectively executed will — unlike some other jurisdictions, English law does not generally apply a 'substantial compliance' doctrine. If a defect is discovered while the testator is still alive, the solution is to execute a fresh will properly. After death, the only remedy is rectification under section 20 Administration of Justice Act 1982, which applies to clerical errors and failures to carry out the testator's intentions — but not to execution formalities.

Witnesses should sign in the space immediately following the attestation clause, usually beneath the testator's signature. They should add their printed name and address to identify themselves for future contact by executors or the probate registry. There is no strict legal requirement to date a will, but it is strongly advisable: an undated will creates difficulties in establishing which of two wills is the later (and therefore operative) one. The date should be the date of execution (the date the testator and witnesses actually sign), not the date the will was drafted. Where the testator signs on a different day to the witnesses' acknowledgement, the execution date is the date the last required signature is added.