Does a will have to be witnessed?
You might ask, ‘Is a will valid if not witnessed?’ The answer is no.
Witnesses are essential to the will-writing process. They help show that the will is genuine, that it was not made under duress, and that fraud has been avoided.
Witnesses may also be called on to give evidence if a will is improperly executed or contested. In order to be valid, a will must be:
- Made voluntarily by someone of sound mind who is over 18
- Made in writing
- Signed by the person making the will in front of two witnesses
- Signed by two witnesses in the presence of the person making the will
Your witnesses do not need to know what is in the will, or even read it. As long as you are happy with the contents, that is enough.
Any updates to your will must also be witnessed.
How many witnesses do you need to sign a will?
You will need two witnesses to sign your will. This is the final step in the will-writing process.
First, the witnesses watch you voluntarily sign your will.
Then they must sign it themselves, with you present while they do so, making your will legally valid.
Until January 31st 2022, government legislation allowed wills to be witnessed virtually over a video call. However, it is preferable to witness a will in person wherever possible.
Can anyone be a witness to a will?
Almost anyone over the age of 18 can be a witness for your will, but that does not mean it is always advisable.
That is because once someone becomes a witness, they are no longer allowed to benefit from your will. The beneficiary’s spouse or civil partner will also lose any entitlement.
It is best to choose a witness who is:
- Independent
- Not a beneficiary
- Competent
- Mentally capable
- Trustworthy
Can a beneficiary witness a will?
A beneficiary can witness your will. However, once they sign it, they will generally lose their right to benefit under the will, regardless of what the will says.
This can lead to legal complications and the need to redistribute those assets or gifts to another beneficiary. For that reason, it is usually best to choose someone who will not benefit from your will.
Can a spouse or civil partner witness a will?
It is usually not a good idea to use your spouse or civil partner as a witness to your will. In many cases, the law and the will itself are likely to favour your partner, even if you pass away without writing a will.
If you and your partner have made joint wills, it is even less advisable. It could mean your spouse loses any claim on your estate and may make the joint will ineffective.
Can a relative be a witness to a will?
Relatives can act as witnesses, as long as they, or their partner, do not benefit from your will. If their partner is a beneficiary, it can create serious problems after your death.
They may not be able to legally receive the gifts left to them. It could also lead to unnecessary legal costs, contesting a will, or, in the worst case, family conflict.
If you choose a relative who will not benefit, make sure you trust their judgement and impartiality completely.
Can an executor witness a will?
Your executor can be a witness. An executor of a will is the person who takes control of your estate after you die and ensures your wishes are carried out in line with your will.
It is a good idea to appoint two executors in case one of them dies before you. You can appoint up to four executors in a will.
Can a doctor witness the will?
Using your doctor as a witness can be a very good idea. It is particularly sensible if you are elderly or in poor physical or mental health.
Having a doctor as a witness can help protect against later claims that you were not of sound mind when writing your will.
Can a stranger witness my will?
Technically, a stranger over the age of 18 can witness your will, as long as they are present when you sign it.
However, keep in mind that a witness may later be called upon to give evidence if your will is poorly executed. In other words, do not let them remain a stranger. Their help may be needed later for the benefit of your estate and beneficiaries.
Can a solicitor witness a will?
A solicitor is a valid witness. In many cases, they can also provide a second witness, often a colleague or staff member. This can make the process easier and gives you the reassurance of independence and impartiality.
Be aware, however, that your solicitor will usually charge for this service, on top of any fees for preparing the will.
Accountants and other professionals can also be a good choice.
How to get a will witnessed
You should ask your witnesses in advance whether they are happy to do it.
After you have considered what should be included in your will, and drafted a copy either by yourself or by doing it yourself, or by using a solicitor or professional will-writer, gather with your witnesses. In many cases, this will be with your solicitor.
Tell everyone present that you are about to sign your will. Then, while your witnesses watch, sign using your usual signature and initial every page.
You do not have to date your will for it to be valid, but it is still a good idea to do so.
Next, your witnesses must sign while you watch. They should also print their name and include their address and job title.
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