How to Witness a Will in the UK
More wills fail because of signing mistakes than because of badly worded clauses. Under section 9 of the Wills Act 1837, get the signing ceremony right and you have a legally valid will. Get it wrong, and the document has no effect. Here is the definitive UK guide.
The legal requirements (section 9 Wills Act 1837)
For a will to be legally valid in England and Wales, four conditions must be met:
- It is in writing and signed by the testator (or by someone else in their presence and at their direction).
- The signature is made or acknowledged by the testator in the presence of two or more witnesses, present at the same time.
- Each witness either attests and signs the will, or acknowledges their signature, in the presence of the testator.
- It appears that the testator intended by their signature to give effect to the will.
Who can witness a will?
- ✓Anyone aged 18 or over with mental capacity
- ✓Someone who can physically see the testator sign
- ✓A neighbour, colleague, friend, professional, or acquaintance
Who cannot witness:
- ✗A beneficiary of the will (they lose their gift under s15 Wills Act 1837)
- ✗The spouse or civil partner of a beneficiary
- ✗A minor (under 18)
- ✗Someone who lacks capacity, is blind, or cannot see the testator sign
The 7-step signing ceremony
Gather the three people in one room
The testator and both witnesses must be in the same room at the same time. No exceptions as of 2026. Video witnessing is no longer permitted in England & Wales.
Read the attestation clause aloud (optional but recommended)
The attestation clause is the paragraph at the end of the will that records the signing took place correctly. Reading it aloud makes it clear to everyone what is happening.
Testator signs first
The testator signs their name at the end of the will in the presence of both witnesses. If the testator has already signed, they must acknowledge their signature to both witnesses by saying something like 'This is my signature and this is my will.'
Witness 1 signs in the testator's presence
The first witness signs the will, prints their name, address, and occupation, while the testator is still watching. The other witness may also watch.
Witness 2 signs in the testator's presence
The second witness signs, prints their name, address, and occupation. The testator must still be present. Nobody leaves the room until all three signatures are on the document.
Date the will
Either the testator or a witness dates the will with today's date. This becomes the operative date of the will.
Store the will safely
Put the original signed will in a fireproof safe, with a solicitor, or via HMCTS government storage. Do not staple, clip, or attach anything to it. Tell your executor where to find it.
The 10 most common signing mistakes
- Only one witness present (invalidates the will)
- A beneficiary acting as a witness (they lose their gift)
- Witnesses signing at different times or locations
- Testator signs, then leaves the room while witnesses sign
- Using a witness who is the spouse of a beneficiary
- Dating the will with a future or past date
- Stapling or attaching pages after signing (raises questions about tampering)
- Witnesses printing but not signing their name
- Leaving blank spaces on the signing page
- Not asking witnesses to print name, address, and occupation
What is the attestation clause?
The attestation clause is the paragraph at the end of the will that records the signing ceremony happened correctly. A standard clause reads:
“SIGNED by the above-named testator in our joint presence and then by us in the testator's presence.”
Every WillSafe UK template includes a properly worded attestation clause. When probate is later applied for, this clause is evidence to the Probate Registry that the will was signed correctly.
Frequently asked questions
Who can witness a will in the UK?+
A witness must be aged 18 or over and have mental capacity. They must not be a beneficiary of the will, nor the spouse or civil partner of a beneficiary. Common choices are neighbours, colleagues, friends or professionals (such as a GP or solicitor). Witnesses do not need to read the will.
Can a family member witness a will?+
A family member can witness a will, but they must not be a beneficiary of the will, nor the spouse or civil partner of a beneficiary. If they are a beneficiary and act as a witness, the will is still valid but the gift to them fails under section 15 of the Wills Act 1837. To be safe, use independent witnesses who are not named in the will.
Can a will be witnessed over Zoom or video call?+
The temporary COVID-era rules that allowed remote witnessing of wills expired on 31 January 2024. As of 2026, wills in England and Wales must be witnessed in person. Both witnesses must be physically present with the testator in the same room at the same time.
Do both witnesses have to be present at the same time?+
Yes. Section 9 of the Wills Act 1837 requires that the testator signs (or acknowledges their signature) in the presence of both witnesses at the same time. Each witness then signs in the testator's presence. If the witnesses sign at different times, or the testator signed before the witnesses arrived, the will is not validly executed.
What happens if a beneficiary witnesses the will?+
If a beneficiary (or their spouse/civil partner) witnesses the will, the will remains valid but the gift to that beneficiary fails (section 15 Wills Act 1837). The rest of the will stands. If the beneficiary was the residuary beneficiary, the residuary estate passes under the intestacy rules. Always use independent witnesses.
Does the witness need to read the will?+
No. A witness only needs to see the testator sign (or acknowledge their signature). They do not need to read the will or know its contents. They are witnessing the act of signing, not the contents.
Do witnesses need to sign with a specific pen or in a specific colour?+
No. There is no rule about pen colour. Use a blue or black ballpoint pen for durability (gel pens and fountain pens can smudge). Use the same pen for everyone for consistency, but this is not legally required.
Get the signing ceremony right, the first time
Every WillSafe UK kit comes with a printable signing-ceremony checklist, a properly worded attestation clause, and step-by-step instructions. Don't let a signing mistake invalidate your wishes.