Will witnessing rules in the UK — who can sign, when, and where it goes wrong
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Quick answer: In England and Wales you need two independent adults (18+) in the same room: you sign, then each [witness a will](swiftwill.co.uk/who-can-witness-a-will*) in your presence. Get this wrong and the entire will is invalid — not just one gift.
Under section 9 of the Wills Act 1837, a will in England and Wales must be signed by the testator in the presence of two adult witnesses who are themselves present at the same time, and who then each sign in the testator's presence. An [online will](swiftwill.co.uk*) is only valid once that ceremony is done in wet ink — the PDF alone is not enough.
The four-stage test
Stage 1: the testator signs (or acknowledges an existing signature) in the joint presence of two witnesses. Both must be physically watching at the same moment.
Stage 2 and 3: each witness signs in the testator's presence. The witnesses do not need to sign in each other's presence, but in practice they almost always do.
Stage 4: the will should be dated and ideally include an 'attestation clause' confirming the s9 process was followed. The clause is not legally required but it makes probate much smoother. Good online services include a witnessing instruction card with the PDF.
Who cannot witness
Anyone under 18, or anyone without mental capacity, cannot witness. Blind or partially-sighted witnesses are accepted only if they can confirm they saw the testator sign.
A beneficiary, their spouse or civil partner, must not witness the will — if they do, their gift fails under s15. This includes alternative ('substitute') beneficiaries. Neighbours, colleagues and friends are ideal.
An executor can witness — but if the executor is also a beneficiary (very common with a surviving spouse), they will lose their inheritance under s15. Always pick neutral witnesses.
Where witnessing typically goes wrong
Witnesses signing at different times, in different rooms, or one popping out before the other signs — this fails s9 even if all three signatures eventually appear on the document.
A spouse witnessing alongside a neighbour — common with home wills where one witness is the testator's partner who is also a beneficiary.
Failing to date the will, or making changes ('manuscript amendments') after signing without re-witnessing them as a codicil. Prefer a fresh will (many [online will](swiftwill.co.uk*) services include free updates) over scribbling on the old one.
Common questions
Can my children witness my will if they aren't named in it?
Yes. A witness only loses out under s15 if they (or their spouse) are named as a beneficiary. A child who inherits nothing under the will can witness it. But this is risky — if you later add the child as a beneficiary by codicil, the codicil itself must be re-witnessed correctly.
What if a witness has since died or can't be found?
It usually doesn't matter. The probate registry only needs to be satisfied the s9 process was followed at the time. The attestation clause and any contemporaneous notes are normally enough. If there is no attestation clause, the registry may ask for an 'affidavit of due execution' from a surviving witness.
Are video-witnessed wills still valid?
Only if signed under the temporary Covid rules while they were in force. Wills witnessed by video after those rules ended are invalid in England and Wales — print and gather two witnesses in person. See [how to sign a will](swiftwill.co.uk/how-to-sign-a-will*).