Signing and witnessing is the final step in making a Will. It is also the step where small mistakes cause the most trouble. Even a carefully planned Will can fail if you do not sign it and have it witnessed in the way the law requires. This guide explains how to sign and witness a Will correctly in England and Wales, and who can act as a witness. It also explains what to do if you are struggling to find suitable people.
The rules in Scotland and Northern Ireland are different. In Scotland, for example, a Will needs only one witness. Everything below applies to Wills made under the law of England and Wales.
What the law requires
The rules come from section 9 of the Wills Act 1837. To sign and witness a Will validly:
- the Will must be in writing and signed by you (or by someone else in your presence and at your direction)
- it must be clear that you intended your signature to give effect to the Will
- you must sign, or acknowledge an earlier signature, in the presence of two witnesses who are both present at the same time
- each witness must then sign the Will, or acknowledge their signature, in your presence
The witnesses do not have to sign in front of each other. In practice, however, it is simplest if everyone stays in the room until all three signatures are on the page.
Signing your Will
As the testator (the person making the Will), you should sign with your usual signature. Sign at the end of the Will in the space provided, after the last clause. That shows you intended your signature to give effect to the whole document. So do not sign in the margin or on a separate sheet.
If illness or disability means you cannot sign, someone else can sign on your behalf. However, they can only do so in your presence and at your direction. In that situation the Will should say so in its attestation clause, so it is worth raising this with your Will writer before the signing.
What a witness is actually confirming
A witness confirms one thing. They saw you sign the Will, or heard you acknowledge your signature, while both witnesses were present. They are not confirming that the contents are fair, that you understood them, or that you were free from pressure. Those are separate legal questions about capacity, knowledge and approval, and undue influence.
Witnesses do not need to read the Will or know what it says. They should know that the document is a Will, and they should be able to see you sign it.
Who can witness a Will
There is no list of approved witnesses, but a good witness is:
- an adult (18 or over is the sensible rule)
- of sound mind and able to understand what they are doing
- able to see you sign, so a person who is blind cannot act as a witness
- not a beneficiary under the Will, and not married to or in a civil partnership with a beneficiary
- someone who is likely to be contactable later, in case questions are ever asked about the signing
Neighbours, colleagues and friends who receive nothing under your Will are common choices. An executor can also act as a witness, provided they are not a beneficiary.
Why a beneficiary should never be a witness
If a beneficiary, or their spouse or civil partner, witnesses your Will, the Will itself remains valid. However, that person loses their gift under it (section 15 of the Wills Act 1837). The rest of the Will takes effect as normal. This is one of the most avoidable mistakes in Will signing. As a result, it can leave the very person you wanted to provide for with nothing.
Witnesses must be physically present
During the pandemic, a temporary change in the law allowed people to witness a Will by video. That measure ended on 31 January 2024. Both witnesses now need to be physically present with you when you sign or acknowledge your signature. Watching over a video call does not count.
Step by step: how to sign and witness a Will
- Read the final Will through first. Check that names, addresses and gifts are correct.
- Gather everyone in one place: you and both witnesses. Make sure no one leaves the room part way through.
- Check that nothing, such as a paper clip or note, is attached to the Will.
- Sign the Will in the space provided, using a pen with permanent dark ink, while both witnesses watch. If you have already signed, tell both witnesses together that the signature is yours.
- Each witness then signs in the space for witnesses while you are present. They also add their full name, address and occupation in clear writing.
- Date the Will, if the date is not already filled in.
- Do not make any changes, notes or corrections after signing. Any later change only has effect if you sign it and have it witnessed properly. So it is usually best to update the Will instead.
A well-drafted Will also includes an attestation clause. This is the short paragraph above the witnesses’ signatures that records how the signing took place. It is good evidence of correct signing and reduces the risk of questions later.
Common signing and witnessing mistakes
- Using a beneficiary, or a beneficiary’s spouse or civil partner, as a witness
- Having one witness arrive after you have signed, without you acknowledging your signature to both of them together
- A witness signing when you have left the room
- Witnessing over a video call
- Signing in the wrong place, or on a separate sheet
- Removing staples or binding to photocopy the Will, which can raise questions about whether someone has changed the pages
- Attaching paper clips or pinned notes, which can leave marks that suggest something was once attached
- Writing on the Will after signing
If you cannot find suitable witnesses
Finding two independent adults who are free at the same time is not always easy. This is particularly true if most of the people you know are family members or beneficiaries. A.D.E. Wills offers two services that can help.
Will Signing Service. We attend, conduct the signing with you and act as one of the witnesses, so the process follows the legal steps above. This is a fixed fee of £135.
Second Witness Service. If you do not have a second suitable witness, we can provide one for a fixed fee of £95. You can book this on its own, for example if you already have one witness and only need a second.
We cover Oxford, Aylesbury, most of Oxfordshire and Buckinghamshire, and neighbouring parts of Hertfordshire and Bedfordshire. We do not charge VAT.
Also, every In-Person and Online Will we prepare is posted to you with a step-by-step Signing Guide and a complimentary pen. So if you sign with your own witnesses, you have clear instructions to follow. You can see the full list of services on our Wills Pricing page.
Events that can change or revoke a Will
Even a correctly signed Will can be affected by later events.
- Marriage or civil partnership revokes an existing Will, unless you made it in contemplation of marriage or civil partnership to a particular named person.
- Divorce or dissolution does not revoke the whole Will. Instead, the law treats your former spouse or civil partner as having died on the date of the final order. So gifts to them and their appointment as executor fail, but the rest of the Will stands. You can read more on our marriage, divorce and your Will page.
- Deliberate destruction by you, or by someone else in your presence and at your direction, with the intention of revoking it.
- A later Will that revokes or changes it.
For this reason, review your Will after major life changes, such as marriage, divorce or the birth of a child.
After signing: storing your Will
Once you have signed your Will, keep the original safe and tell your executors where it is. Our Safe Will Plan includes fireproof storage of your original Will and free registration of your Will, so your executors can find it when needed.
Need help signing your Will?
If you would like us to attend your signing, or you have a question about how to witness a Will, call us on 01865 507174 or email info@adewills.co.uk. You can find out more about how we prepare Wills on our Wills page.
