UK adults making a will need to get the witnessing right, because the witnessing rules are where many wills fail. This guide explains witness requirements in England and Wales: how many witnesses are needed, who can and cannot act, why beneficiaries must not witness, and the end of the temporary video-witnessing rules. It cites the Wills Act 1837 and Money Helper. Kael Tripton is an editorial publisher and not a regulated legal services provider. This article is information only and is not legal advice. Anyone making or witnessing a will should consult an SRA-authorised solicitor or Citizens Advice if unsure.
Key Facts
- A will must be witnessed by two people who are present at the same time when the testator signs (Wills Act 1837, section 9, legislation.gov.uk).
- Each witness must then sign the will in the presence of the testator (Wills Act 1837, legislation.gov.uk).
- A beneficiary, or the spouse or civil partner of a beneficiary, must not act as a witness, or the gift to them is void (Wills Act 1837, section 15, legislation.gov.uk).
- Witnesses should be aged 18 or over and have the mental capacity to understand what they are doing (Money Helper, accessed June 2026).
- The temporary provision allowing video witnessing applied only to wills made between 31 January 2020 and 31 January 2024 (Ministry of Justice, gov.uk, accessed June 2026).
- Wills made now must be witnessed in person, with both witnesses physically present (Wills Act 1837, legislation.gov.uk).
What the law requires
The witnessing rules for wills in England and Wales come from section 9 of the Wills Act 1837 (legislation.gov.uk). A will must be in writing and signed by the testator, or by another person in the testator's presence and at their direction. The testator's signature must be made or acknowledged in the presence of two witnesses who are present at the same time. Each of those two witnesses must then sign the will, or acknowledge their signature, in the presence of the testator.
The requirement that both witnesses are present together at the moment the testator signs or acknowledges their signature is strict. If the witnesses sign at different times, or were not both present when the testator signed, the will can be invalid. This is one of the most common reasons a homemade will fails, because the people involved do not realise how precise the rule is. Getting the witnessing right is therefore central to making a valid will (Money Helper, accessed June 2026).
In practical terms, the testator and both witnesses should be in the same room throughout the signing. The testator signs first while both witnesses watch, and then each witness signs in turn while the testator looks on. It is good practice for the witnesses to add their full names, addresses, and occupations next to their signatures, so they can be identified later if the will is questioned at probate. The signing should ideally be completed in a single, unbroken session rather than spread across separate occasions.
Who can and cannot witness
A witness should be an independent adult, aged 18 or over, with the mental capacity to understand that they are witnessing the signing of a will (Money Helper, accessed June 2026). The witness does not need to read the will or know its contents; they are confirming that they saw the testator sign.
The most important restriction concerns beneficiaries. Under section 15 of the Wills Act 1837, if a beneficiary, or the spouse or civil partner of a beneficiary, acts as a witness, the gift to that person is void, although the will itself remains valid (legislation.gov.uk). This means a witness should never be someone who inherits under the will, or married to someone who does. Executors who are not also beneficiaries can witness a will, but to avoid any doubt many people choose witnesses who are entirely independent of the will. Choosing two neutral adults, such as neighbours or colleagues who do not inherit, is the safest approach.
The end of video witnessing
During the coronavirus pandemic, a temporary change allowed wills to be witnessed by video link. The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 treated presence as including presence by video, but only for wills made between 31 January 2020 and 31 January 2024 (Ministry of Justice, gov.uk, accessed June 2026).
That provision has now ended. Wills made today must be witnessed in person, with both witnesses physically present when the testator signs (Wills Act 1837, legislation.gov.uk). Even while video witnessing was permitted, the guidance treated it as a last resort, because physical witnessing is clearer and less open to challenge. Electronic signatures were never permitted under the temporary rules. Anyone who made a will by video link during the temporary period, and is unsure whether it was done correctly, may wish to have it reviewed.
How this connects to wills and probate
The witnessing rules apply to every will, however it is drafted, so they are central to both the guidance on how to write a will and the risks set out in the guide to DIY wills. A homemade will most often fails on witnessing, which is why this step deserves particular care.
The witnessing safeguard also mirrors the independent certificate provider required for a lasting power of attorney. In both documents, an independent person confirms the act of signing, and in both cases that person must not have a personal stake. After death, an improperly witnessed will can be rejected at probate, which can throw the estate into intestacy. Correct witnessing is what allows the will to be proved and the executors to act.
When to use a solicitor versus doing it yourself
The witnessing rules can be followed without a solicitor, and many valid wills are witnessed by independent friends or neighbours at no cost (Money Helper, accessed June 2026). For a simple will, careful attention to the two-witness rule and the beneficiary restriction is usually enough.
A solicitor adds value where there is any doubt about the testator's capacity, where a challenge to the will is possible, or where the estate is complex. A solicitor can supervise the signing and witnessing, keep a record of how it was done, and provide independent witnesses, which can be important if the will is later disputed. The Law Society and the Solicitors Regulation Authority maintain registers of authorised solicitors (lawsociety.org.uk and sra.org.uk, accessed June 2026). The decision depends on how likely a challenge is and how much certainty the testator wants.
FAQ: witness requirements for wills
How many witnesses does a will need?
A will needs two witnesses, who must both be present at the same time when the testator signs or acknowledges their signature (Wills Act 1837, section 9, legislation.gov.uk). Each witness must then sign the will in the presence of the testator. If the witnesses are not both present together at the right moment, the will can be invalid.
Can a beneficiary witness a will?
No. If a beneficiary, or the spouse or civil partner of a beneficiary, witnesses the will, the gift to that person is void under section 15 of the Wills Act 1837, although the will itself stays valid (legislation.gov.uk). To avoid losing a gift, witnesses should be independent adults who do not inherit and are not married to anyone who does.
Who can be a witness to a will?
An independent adult aged 18 or over with the mental capacity to understand what they are doing can witness a will (Money Helper, accessed June 2026). They do not need to read the will or know its contents. The safest choice is two neutral people, such as neighbours or colleagues, who do not benefit under the will and are not related to anyone who does.
Can a will still be witnessed by video call?
No. The temporary provision that allowed video witnessing applied only to wills made between 31 January 2020 and 31 January 2024 and has now ended (Ministry of Justice, gov.uk, accessed June 2026). Wills made now must be witnessed in person, with both witnesses physically present when the testator signs (Wills Act 1837, legislation.gov.uk).
What happens if a will is not witnessed correctly?
A will that does not meet the witnessing requirements of section 9 of the Wills Act 1837 can be invalid (legislation.gov.uk). If the will is invalid, the estate may pass under an earlier valid will or under the intestacy rules. Because this is discovered after death, it cannot be corrected, which is why correct witnessing is so important.
