Does a Will Need a Solicitor's Signature?

Section 9 of the Wills Act 1837 governs how a valid will must be executed in England and Wales, and its requirements are focused entirely on the testator's signature and the presence of two witnesses. There is no reference anywhere to a solicitor, and no requirement for legal professional involvement of any kind.

This means a will typed at home, produced through an online service like My Posh Will, or even handwritten, is just as capable of being valid as one drafted in a solicitor's office, provided the same signing and witnessing rules are followed correctly in each case.

Witnesses simply need to be adults who are mentally capable of understanding what they are witnessing, and who are not visually impaired to the extent they cannot see the signing take place. They do not need any professional qualification, and a solicitor witnessing a will is doing exactly the same job, legally speaking, as a neighbour or colleague would.

The one restriction that matters is under section 15 of the Wills Act 1837: if a witness, or their spouse or civil partner, is a beneficiary under the will, that beneficiary's gift becomes void, although the rest of the will remains valid and properly executed. Choose witnesses who have no financial interest in your will, whether solicitors or not.

The idea that a solicitor must sign a will may come from the reasonable assumption that legal documents generally need professional sign-off, as is the case for some other formal transactions. It may also come from experience of solicitors commonly acting as one of the two witnesses when they draft a will for a client, which is common practice but not a legal requirement.

There is also sometimes confusion between a solicitor witnessing a will (which any adult could do) and a solicitor certifying a copy of a document as a true copy, which is a different and unrelated function sometimes needed for other purposes such as identity verification.

Even though it is not legally required, there are good reasons to involve a solicitor for some wills. Complex family situations, such as blended families, disputes between potential beneficiaries, or concerns about undue influence or capacity, benefit from a solicitor's judgement and the additional evidential weight their involvement can provide if the will is later challenged.

Large or complicated estates, business interests, trusts, or significant inheritance tax planning are also situations where professional advice adds real value beyond what a straightforward online will can offer. For a simple estate with clear wishes, a properly completed online will, correctly signed and witnessed, is a legally valid and often perfectly appropriate route.

The single most important thing for validity is not whether your witnesses are solicitors, but whether the signing process itself follows section 9 precisely: both witnesses present together, watching the testator sign or acknowledge their signature, then each witness signing in the testator's presence. Getting this sequence wrong invalidates a will regardless of how impressive the witnesses' professional credentials are.

If in doubt, follow clear step-by-step signing instructions, such as those provided with an online will, and choose two independent adults you trust to be available and attentive during the signing, rather than assuming a solicitor's signature is needed or somehow superior.