How to Sign a Will

Section 9 of the Wills Act 1837 sets out the rules that apply to almost every will made in England and Wales. The will must be in writing, and it must be signed by the person making it (the testator), or by someone else in their presence and at their direction if they are physically unable to sign themselves.

The signature must show that the testator intended it to give effect to the will as their final wishes. Crucially, the testator must sign, or acknowledge an existing signature, in the presence of two or more witnesses who are both present at the same time. Each witness must then sign the will themselves, in the presence of the testator.

Getting the order right matters as much as the signature itself. The recommended sequence keeps everyone in the same room, watching the same actions, from start to finish.

A common mistake is signing the will before the witnesses arrive, perhaps because it feels efficient or because the testator wants to check the signature looks right first. This breaks the legal requirement that the witnesses see the signing, or that the testator acknowledges an existing signature in front of them.

If you have already signed, you can still acknowledge your signature properly, meaning you confirm to both witnesses, present together, that the signature on the page is yours and that you intend the document to be your will. This is a valid alternative to signing again, but it must be done deliberately and clearly, not glossed over.

Most wills include an attestation clause near the signature page, a short paragraph confirming that the will was signed by the testator in the presence of two witnesses who then signed in the testator's presence. It is not a strict legal requirement, but its absence can create doubt later if the will is ever challenged or questioned by a probate registry.

A well drafted attestation clause acts as a record of proper execution at the time it happened, which is far more persuasive than trying to reconstruct events years later from memory. My Posh Will's online process includes clear signing instructions and a suitable attestation clause with every will.

If a will is not signed and witnessed correctly, it is not valid, regardless of how clearly it sets out the testator's wishes. In that situation, the estate would usually be dealt with under an earlier valid will, or under the intestacy rules if there is no earlier will.

If you discover a signing error after the event, do not try to patch the document by adding a missing signature later or asking a witness to sign after the fact. The safest and cleanest solution is almost always to make a new will and go through the full signing process again, correctly this time.