Witnessing a Will

The process is straightforward. The testator and the two witnesses need to sign and date the Will, and watch each other sign it. The witnesses should also provide their full name, address and occupation.

Write clearly and in ink, and don’t fasten anything to the Will, as this could make it invalid.

If you have any questions on the signing process our team is happy to help.

A witness doesn’t have any ongoing legal responsibilities once they’ve signed the Will. The only time they might be called upon again is if there is a challenge to the validity of the Will after the testator has died.

If someone claims that the signature is forged, or that the testator was either pressured into signing or didn’t have the mental capacity to sign, the witness’ testimony could be vital. They may be asked to sign an affidavit to confirm the circumstances in which the Will was signed.

A witness must be an independent adult who isn’t related to the testator and has no personal interest in the Will. A neighbour or family friend is ideal. Someone cannot be a witness if they are:

• The spouse or civil partner of the testator
• A beneficiary of the Will
• The spouse or civil partner of a beneficiary.

Executors can witness the Will, however. If you’re confused about any aspect of the Will signing process, or not sure who to ask as a witness, our team is happy to help.

You should refuse to witness a Will if:

• The person signing is not the testator
• You don’t think the testator has mental capacity
• You think the testator is being coerced into signing the Will
• You know that you are a beneficiary under the Will or you’re the spouse or civil partner of a beneficiary.

This is not an exhaustive list, and if you’re uncomfortable in any way about the circumstances you should refuse.

No – if a beneficiary, or their spouse or civil partner, witnesses a Will, they forfeit their right to their share of the estate.

Yes, an executor can witness a Will – as long as they are not also a beneficiary.

No – a person might make a Will many years before it comes into effect, so it’s entirely possible that one, or both, of the witnesses die before the testator. This doesn’t invalidate it in any way.