Is It Legal Where?

Reference · Jurisdiction

Who can witness a will in England and Wales, and what happens to a gift

GOV.UK says to sign a will in the presence of two adult witnesses and have both sign the same document in your presence. Choose independent witnesses. A gift can be void where the recipient, their spouse or their civil partner attests the will.

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Is It Legal Where? Editorial Team

Choose witnesses and sign in the required orderEngland and Wales ordinary will execution and witness rules
  1. 01
    Choose two witnesses

    Choose adult witnesses independent of the gifts in the will. Source 1

  2. 02
    Will maker signs

    Both witnesses should have a clear view of the will maker and act of signing. Source 1

  3. 03
    Witnesses sign

    Each signs the same document in the presence of the will maker. Source 1

The will maker and witnesses use the same document and need a clear view at the relevant signing step.

Source 1 Source 2 Source 3

Both witnesses need to see the relevant signing

GOV.UK asks for two adult witnesses with a clear view of the will maker and the act of signing. The witnesses then sign the same document with the will maker present. GOV.UK says the witnesses do not have to sign at the same time as each other. Source 1 Source 2

A witness’s interest can affect a particular gift

The Law Commission explains that the existing rule can void a gift to the attesting witness or the witness’s spouse or civil partner. The effect concerns the gift, while the validity of the rest of a properly executed will is a separate question. Choose witnesses without those interests in the ordinary two-witness process. Source 2 Source 3 Source 1

The document should make the act of signing clear

GOV.UK directs the will maker and witnesses to use the same document. Each step requires the relevant person to see the signing. Set up the signing so the document and act of signing are visible to the people whose presence is required. Source 1 Source 2

Changes need proper execution too

GOV.UK says that when making changes to a will, follow the same signing and witnessing process. Use the correct procedure for the changed document. Where a proposed witness has an interest in the gift or the signing cannot proceed in the usual way, get advice about the specific situation. Source 1 Source 3

Sources

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