Who can witness a will in England and Wales?

Section 9 sets out the formalities. The will must be in writing and signed by the person making it, or by someone else in their presence and at their direction. It must appear that they meant the signature to give effect to the will.

The signature must be made or acknowledged in front of two or more witnesses who are present at the same time. Each witness must then sign the will, or acknowledge their signature, in the presence of the person making it. The witnesses do not have to be in each other's presence when they sign. No particular form of words is needed, although firms normally include an attestation clause.

GOV.UK adds two practical points: both witnesses must be over 18, and both must have a clear view of the person signing.

Section 15 says that if a person witnesses a will and the will gives them, or their husband, wife or civil partner, a gift, that gift is void. The witness is still a valid witness, so the will stands. Only the gift to the witness, or to their spouse or civil partner, fails.

The safe course is to choose two adults who take nothing under the will and are not married to, or in a civil partnership with, anyone who does.

For wills made from 31 January 2020 to 31 January 2024, section 9 treated presence by video link as presence. That window has closed. For a will made today, both witnesses must be physically with the person signing, and the will must be signed in ink.

Before the will is signed, confirm each of these:

• Two witnesses are in the room, both over 18, with a clear view of the person signing.
• Neither witness takes a gift under the will, and neither is married to, or in a civil partnership with, someone who does.
• Both witnesses see the person sign, or hear them acknowledge their signature, together.
• Each witness then signs the same document in the presence of the person making the will.

• Wills Act 1837, section 9
• Wills Act 1837, section 15
• GOV.UK, make your will legal