Who Can Witness a Will in England and Wales?

Updated 17 August 2026.

The short answer

Use two independent adults to witness a Will in England and Wales. Both must be present at the same time when the person making the Will signs or acknowledges the signature. Each witness then signs while the person making the Will is present. A beneficiary, or the beneficiary's spouse or civil partner, should never be used.

Witnessing is not decorative paperwork. It is part of the legal execution of the Will. A good document signed badly can fail, while an interested witness can lose the gift they were meant to receive.

How many witnesses does a Will need?

A Will ordinarily needs two witnesses under section 9 of the Wills Act 1837.

The two witnesses must both be present when the person making the Will:

  • signs the document; or
  • acknowledges a signature already on the document.

The safest method is simpler than the statutory wording: the person making the Will and both witnesses gather in the same room, use the same paper document and complete the entire ceremony in one sitting.

Who should act as a witness?

Choose two adults who:

  • are physically present and can see the person sign;
  • understand that they are witnessing the signing of a Will;
  • are not beneficiaries under the Will;
  • are not married to, or in a civil partnership with, a beneficiary;
  • do not expect to benefit indirectly from a gift; and
  • can provide a full name, address, postcode and occupation.

Neighbours, friends or colleagues can be suitable. The witnesses do not need to read the Will or know what it says. They are witnessing the signature and the circumstances of execution, not approving the gifts.

Can a beneficiary witness a Will?

Do not do it. Section 15 of the Wills Act 1837 ordinarily makes a gift void where the recipient, or the recipient's spouse or civil partner, attests the Will.

That does not necessarily invalidate the entire Will, but it can remove the intended witness's inheritance. There is no sensible reason to create that problem when two independent witnesses can be used instead.

Witness warning

Do not use a beneficiary, the beneficiary's spouse or civil partner, or someone who may receive an indirect benefit. Choose two people with no financial interest in the Will.

Can an executor witness a Will?

An executor is not automatically prevented from witnessing merely because they are appointed as executor. However, executors are often also beneficiaries, and that makes them unsuitable.

Even where the executor receives no gift, using someone else is better practice. Independent witnesses reduce ambiguity and keep the executor out of an avoidable dispute about how the Will was signed.

Can relatives act as witnesses?

A relative is not automatically disqualified, but the real question is whether they or their spouse or civil partner benefit under the Will, directly or indirectly. Family connections can also make evidence look less independent if a dispute later arises.

Use unrelated, financially independent witnesses where reasonably possible.

Do the witnesses need to sign at the same time?

Both witnesses must be present at the same time when the person making the Will signs or acknowledges the signature. The Wills Act does not require the witnesses to sign in each other's presence.

Each witness must, however, sign or acknowledge their signature in the presence of the person making the Will. In practice, keeping all three people together until every signature and detail is complete is the cleanest method.

What does "in the presence" mean?

The person and witnesses should have a clear line of sight to the acts of signing. Do not treat a video call, a document passed between houses or signatures collected at different times as equivalent to an ordinary in-person ceremony.

The temporary pandemic provisions that allowed video witnessing were time-limited. For a new self-completed Will, use an ordinary physical signing with all three people together.

Does a witness need to know the contents?

No. A witness does not need to read the Will, approve it or know who receives the estate. The witness should know that the document is a Will and should see the person sign it voluntarily.

If a witness has concerns about pressure, confusion or whether the person understands what they are doing, they should not proceed as though nothing is wrong.

What details should a witness provide?

Each witness should enter:

  • their signature;
  • full name;
  • full address and postcode; and
  • occupation.

Clear details make it easier to identify and contact the witness if evidence about the execution is required later.

The correct signing sequence

Before anyone signs

  • Finish every part of the Will.
  • Remove unused placeholders and optional clauses.
  • Check the pages are complete and in order.
  • Confirm the execution section is the final page.
  • Enter the total page count if the document asks for it.
  • Use the original printed document, not separate copies.

During the ceremony

  1. The person making the Will and both witnesses gather together.
  2. Both witnesses watch the person sign and date the Will.
  3. Witness 1 signs their block while the person making the Will remains present.
  4. Witness 2 signs their block while the person making the Will remains present.
  5. Both witnesses complete their identifying details.
  6. All three check the signatures before anyone leaves.

After signing

  • Do not add, cross out or correct wording.
  • Do not replace or remove pages.
  • Store the original securely and separately from notes and draft documents.
  • Tell the executor where the original is held.

Common witnessing mistakes

The Will was signed before the witnesses arrived

The person can acknowledge an existing signature while both witnesses are present, but that is easier to get wrong and harder to evidence. Sign in front of both witnesses.

The witnesses attended separately

Both witnesses must be present at the same time when the person signs or acknowledges the signature. Two separate visits do not satisfy that requirement.

A beneficiary acted as a witness

The intended gift may fail. Do not attempt an informal repair. Obtain legal advice and, where appropriate, make and execute a new Will.

Someone signed on the wrong line

Do not use correction fluid, overwrite the signature or improvise an amendment. Stop and obtain advice or print a clean document and restart the ceremony.

The witnesses signed copies

Everyone should sign the same original paper Will. Separate counterparts create unnecessary uncertainty.

What if a mistake is discovered afterwards?

Do not write on or physically alter the signed Will. If a material error exists, obtain advice and make a new Will or properly executed codicil. An amateur correction can turn one problem into three.

Signing guidance included with the Will pack

Straightforward single-person Will?

The England and Wales pack includes a dedicated signing checklist designed to be used before and during the execution ceremony.

View the England and Wales Will Pack

Related guidance

Official references

Important: This article provides general information, not legal advice. If the signing has already gone wrong or a witness may benefit, obtain advice before relying on the document.