How to Witness a Will

Witnessing a will means confirming, by your presence and signature, that you saw the testator sign the document, or that they acknowledged their existing signature to you, and that you then signed it yourself while they watched. You are not being asked to check or approve the contents.

Section 9 of the Wills Act 1837 requires that both witnesses are present at the same time as the testator when the signing or acknowledgement happens. It is not enough for one witness to see the signature and a second witness to be told about it afterwards.

The process itself is straightforward once everyone is in the same room and ready.

Printing your name and address is not a legal requirement in itself, but it makes you traceable if the will is ever queried during probate, sometimes years after signing. A witness who has moved house or changed their name can be harder to locate, which can slow down an executor trying to prove the will was validly executed.

It is sensible to keep a note of when and whose will you witnessed, particularly if you witness wills more than once in your life, since memories fade and paperwork can be misplaced.

The most serious mistake is witnessing a will in which you, or your spouse or civil partner, are named as a beneficiary. Under section 15 of the Wills Act 1837, this does not make the whole will invalid, but it does mean the gift to you fails. The rest of the will remains valid and is carried out as written, minus that gift.

Other common problems include witnesses who are not both present at the same time, witnesses who sign before the testator has actually signed or acknowledged their signature, and witnesses who are unable to see properly what is happening, for example someone who is blind or who cannot see the testator sign from where they are sitting.

Most witnessing appointments follow a similar pattern in practice. The testator sets a time, invites two independent adults who have no interest in the will, and gathers everyone in the same room, whether that is a solicitor's meeting room, a kitchen table, or a neighbour's living room. There is no need for anything formal beyond making sure everyone can see clearly and nobody is interrupted partway through.

A sensible sequence is for the testator to confirm out loud that the document is their will, sign it while both witnesses watch, and then pass the will to each witness in turn to sign while the testator and the other witness both watch. This spoken confirmation is not a strict legal requirement, but it removes any doubt about what everyone present understood was happening at the time.

It sometimes happens that an arranged witness is unwell, delayed, or simply does not turn up. If only one witness is present, the signing cannot go ahead as planned, because both witnesses must watch the testator sign, or hear them acknowledge their signature, at the same time. Rearranging is the only safe option. Do not let the testator sign with one witness present and add a second witness's signature later, since this does not meet the legal requirement.

If you are ever unsure whether someone is suitable, for example a young adult whose age is in doubt, someone who has had a lot to drink at a family gathering, or someone who seems confused about what they are being asked to do, it is better to postpone and find two other people than to press ahead and risk the will being challenged later.

Before you agree to act as a witness, it is worth running through a short mental checklist so you can raise any concerns before the signing begins rather than partway through.