Witnessing a will: the rules
Last reviewed 18 August 2026
More wills fail on the manner of their signing than on their words, and the rule that undoes them is one of the oldest and least forgiving in the law.
The requirements
Under the Wills Act 1837, the person making the will must sign it (or acknowledge their signature) in the presence of two witnesses, who must then sign in the presence of the person making the will. The witnesses must be present at the same time. Both should be adults of sound mind.
The beneficiary trap
A witness — or the spouse or civil partner of a witness — must not be a beneficiary. If they are, the will remains valid but the gift to that witness fails. Choose witnesses who inherit nothing: neighbours, colleagues, anyone independent. This single rule voids more legacies than any other, and it is entirely avoidable.
Questions
How many witnesses does a will need?+
Can a beneficiary witness a will?+
Sources. Wills Act 1837 (execution and attestation; beneficiary-witness rule).