Published on: 14th March 2022

Who Can Witness My Will

To many, having a Will witnessed might seem like an afterthought after the process of having it written. However, it is important that the witnessing is executed correctly to ensure that the Will is legally binding and that gifts are not voided and are more difficult to challenge.

Section 9 of the Wills Act of 1837 explains that a Will is only valid if:

• It is in writing and signed by the testator (the person who has made the Will); and
• It appears the testator intended their signature to give effect to the Will; and
• The signature is made or acknowledged by the testator in the presence of two or more witnesses at the same time

This means that two witnesses are needed in order to ensure that the Will is valid and can be used upon the death of the testator. Witnesses are needed because they confirm that the person who wrote the Will is the person signing it, there has been no coercion to sign it, and that they have the mental capacity to sign. Due to this important role, there are rules as to who is allowed to be a witness.

In general, most adults who are independent and unrelated to the testator or any beneficiaries is able to be a witness. There are, however, important exclusions to note:

• Any beneficiary listed in the Will
• Someone who is blind
• The spouse or civil partner of a beneficiary
• The spouse or civil partner of the testator

Importantly, the Law Commission is looking at suggesting that cohabitees of beneficiaries should also be barred from witnessing someone’s Will. This is in line with the current increase in cohabiting unmarried couples within the UK. Whilst under current laws, this is technically still allowed, Casey & Associates always recommends having two independent witnesses who are not related to the testator or any beneficiary named within the Will. This will help to avoid any potential challenges or complications during the Estate Administration process.

If a beneficiary is a witness, the Will itself is still valid, but the gift to that beneficiary is voided. Additionally, an executor is allowed to be a witness provided they are not a beneficiary (or related) as well. If a beneficiary has signed your Will, it is a good idea to have a new Will printed and resigned so that all desired gifts occur. When Casey & Associates provides Wills to clients, we send additional paperwork and explanations to help ensure the Will is witnessed correctly

If you are interested in creating a Will or if you have questions regarding witnessing your Will and would like a review appointment, consider contacting our client services team to book an appointment with one of our Consultants. To do so, please call 01732 868190 or use our online form by clicking here.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment. However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover (subject to Government advice). To see the areas we normally cover please click here. To arrange an appointment please telephone 01732 868190 or click here.

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