Who Can Witness a Will?

There is no formal list of approved witnesses in the Wills Act 1837, but the courts have interpreted the requirements to mean that a witness must be over 18, of sound mind, and capable of understanding that they are witnessing a legal document being signed.

A witness must also be physically able to see the signing take place. Someone who is blind cannot act as a witness, because they cannot visually confirm that the testator signed the document. Similarly, someone who is too intoxicated, unwell, or otherwise unable to understand what is happening at the time should not be asked to witness.

In practice, the best witnesses are independent adults who have no financial interest in the will and no close family relationship to anyone who benefits under it.

The most important group to avoid is anyone named as a beneficiary in the will, and anyone married to or in a civil partnership with a beneficiary. This is covered by a specific legal rule explained in more detail in our guide on beneficiaries witnessing a will.

It is also wise to avoid using an executor as a witness if they are also a beneficiary, and to avoid witnesses who might later be unavailable, such as someone about to move abroad, since they may be harder to trace if their evidence is ever needed during probate.

Family members can witness a will, provided they do not benefit under it and are not married to someone who does. For example, an adult child who is not named in the will, or a sibling who receives nothing under its terms, can validly act as a witness.

That said, many people prefer to use independent witnesses who are entirely outside the family, simply to avoid any suggestion later that a family member had influence over the signing process. This is not a legal requirement, but it can make the will's validity easier to demonstrate if anyone ever questions it.

Rather than grabbing whoever happens to be nearby, it helps to run through a short checklist before deciding who to ask.

Some testators, particularly those who live alone, are in hospital, or are in a care home, struggle to find two independent adults to witness their will. In this situation, staff at a solicitor's office can often help, and many will writing services, including My Posh Will, provide guidance on finding appropriate witnesses. Some care homes and hospitals have staff who are used to being asked and understand the importance of getting it right.

It is worth avoiding staff who are themselves involved in caring for the testator's finances or who might otherwise have an interest in the outcome, since even the appearance of influence can invite questions later. Neutral, unconnected adults remain the safest choice whenever they can be found.