Does a Will Need to Be Witnessed?

Section 9 of the Wills Act 1837 sets out the formalities required for a valid will in England and Wales. Among these, the will must be signed by the testator, or acknowledged by them, in the presence of two or more witnesses who are present at the same time, and each witness must then sign the will in the testator's presence.

This double witnessing requirement exists to provide independent confirmation that the will was genuinely signed by the person it belongs to, freely and with apparent intention. Without it, there would be far more scope for disputes, forged documents, and undue influence going undetected.

Proper witnessing means both witnesses are physically present, together, at the moment the testator signs or acknowledges their signature. Remote or video witnessing arrangements that were temporarily permitted during exceptional circumstances in the past are not the normal position, and it is safest to assume in-person, same-room witnessing is required.

Both witnesses must then sign the will themselves, in the presence of the testator, ideally shortly after the testator's own signature, all within the same sitting.

There is a limited historical exception known as a privileged will, available to certain members of the armed forces on actual military service and to mariners or seamen at sea. In these specific circumstances, the normal formalities, including witnessing, can be relaxed, and in some cases even an informal or spoken statement of wishes may be recognised.

This exception is narrow, applies to a very small group of people in specific situations, and should not be relied upon by anyone outside those circumstances. Anyone who thinks it might apply to them should seek specific legal advice rather than assuming it covers their situation.

A will that has not been witnessed at all, or that was witnessed incorrectly, for example by only one person, or by two people who were not present together, is not valid. It cannot be admitted to probate as the testator's last will.

If this happens, the estate is usually dealt with under an earlier valid will, if one exists, or under the intestacy rules if there is no earlier will. Intestacy follows a fixed order of relatives set out in law, which may not reflect what the testator actually wanted.

Because the consequences of getting this wrong are significant, it is worth treating the signing appointment as seriously as the will's contents. Arrange for two suitable, independent witnesses to be present together, follow the correct sequence, and use an attestation clause to record what happened.

Services like My Posh Will provide clear signing instructions with every will, so you know exactly what to do once your document is ready to sign.

Several mistakes come up again and again. Signing before both witnesses arrive, using only one witness, letting a witness sign without actually watching the testator sign or acknowledge their signature, and using a witness who is also a beneficiary are the most frequent problems seen when wills are later checked.

Each of these is avoidable with a small amount of planning. Arrange both witnesses in advance, confirm neither of them nor their spouses benefit under the will, gather everyone in the same room at the same time, and follow the signing sequence in order without skipping ahead. Taking five extra minutes at the signing appointment is far cheaper than discovering years later that the will does not work.