What does the law require when you sign a will?
Section 9 of the Wills Act 1837 says a will is valid only if all of these are true:
- It is in writing and signed by you, or by someone else in your presence and at your direction.
- It appears that you intended your signature to give effect to the will.
- You sign, or acknowledge your signature, in the presence of two or more witnesses who are present at the same time.
- Each witness then signs, or acknowledges their signature, in your presence. The witnesses do not have to sign in front of each other.
The Act says no particular form of wording is needed for the witnessing. It does not matter who drafted the will: a solicitor, an online service or you. You must also be 18 or over (section 7), and GOV.UK adds that you must make the will voluntarily and be of sound mind. If you have not prepared the document yet, start with how to make a will.
How do you sign a will, step by step?
Print the final version, gather both witnesses in one room, sign while they watch, then have each witness sign while you watch. The checklist below keeps the legal steps separate from good practice.
Print this page and tick each step in the room. Wills Act 1837 ss.9, 15 and 21; GOV.UK, Make sure your will is legal; Ministry of Justice video-witnessing guidance (wills made 31 January 2020 to 31 January 2024). Checked 24 September 2026.
Gather both witnesses in one room
Choose two independent adults who can see you sign: not anyone who inherits under the will, and not the spouse or civil partner of anyone who does. GOV.UK says witnesses should be over 18. Keep everyone together until the last signature is on the page.
Sign the will in front of both witnesses
With both witnesses watching at the same time, sign the final printed will in ink. If you signed it earlier, tell both witnesses together that the signature is yours. Someone else can sign for you in your presence and at your direction, but take legal advice before using that route.
Each witness signs in your presence
Each witness then signs while you watch. The law does not require the witnesses to sign in front of each other, but keeping everyone in the room is the simplest way to show the rules were followed. Ask each witness to print their name and address so they can be traced later.
Date the will
Write the date on which everyone signed. Section 9 does not require a date, but a probate registry can ask for evidence of when the will was signed if the date is missing or unclear.
Store the original and tell your executors
Keep the signed original somewhere safe and tell your executors where it is. A copy is not a substitute for the original. Do not staple, pin or clip anything to it, and do not write on it after signing.
A printable version with the full list of mistakes is on the will signing checklist. Every SwiftWill download also includes a one-page witnessing card.
Sign at the end of the will, in the space provided above the witness details. If you signed before the witnesses arrived, you can still acknowledge that signature: show it to both witnesses together and confirm it is yours, then they sign. Acknowledging to one witness on one day and the other witness later does not meet section 9.
How can you print a will without a printer?
Arrange access to a printer before organising your witnesses. You could ask a trusted person or a print service whether it can print the complete PDF clearly and privately. Check its handling and deletion arrangements before sharing a document containing family details and gifts. SwiftWill supplies a download; it does not post a printed will.
Open the PDF, check every page is present and legible, and use the signing instructions supplied with it. Do not sign a preview or a phone screenshot. Take back every printed copy, sign the intended complete document with eligible witnesses, and tell your executors where you keep the signed original. A recovery file helps you reopen your answers; it is not a substitute for that original.
Who can be a witness?
Use two adults who inherit nothing under the will and are not the spouse or civil partner of anyone who does. Under section 15, a gift to a witness or to their spouse or civil partner fails, although the will itself stays valid. An executor who inherits nothing can witness (section 17).
The Act sets no minimum age for witnesses, but GOV.UK says they should be over 18. Ministry of Justice guidance says blind people cannot witness a will, because a witness must be able to see the signature. Neighbours, colleagues and friends who inherit nothing are usually the easiest choice. The detail, with examples, is on who can witness a will, and you can check a particular person with the witness checker.
Do both witnesses need to be there at the same time?
Yes, for your signature. Both witnesses must be present together when you sign or acknowledge your signature. After that, each witness must sign in your presence, but the law does not require them to sign in front of each other.
"Presence" means a clear line of sight. Ministry of Justice guidance gives examples such as witnessing through an open door or a window. A witness who is in another room without a view of you, or who joins by phone, is not present. Keeping everyone in the same room until all three signatures are on the page avoids the question.
Can you sign a will electronically or by video call?
Not for a will you make today. A temporary change to section 9 allowed witnessing by video for wills made from 31 January 2020 to 31 January 2024. That window has closed, so both witnesses must be physically present.
On electronic signatures, the Law Commission's 2025 report says it is not clear whether an electronic will could be valid under the current law. It recommended new rules for electronic wills, but the government has not introduced a Bill to Parliament. Print the will and sign it in ink. The Wills Bill tracker records what has and has not changed.
What is an attestation clause and do you need one?
An attestation clause is the short statement above the witness signatures recording that you signed in the presence of both witnesses and that they then signed in yours. Section 9 says no particular form of attestation is necessary, so a will without one can still be valid.
The clause matters later. Under rule 12 of the Non-Contentious Probate Rules 1987, if there is no attestation clause or it is inadequate, the probate registry may ask one of the witnesses for a statement about how the will was signed. SwiftWill documents include a standard clause.
Do you need to date a will?
Section 9 does not require a date, but you should write the date on which everyone signed. If the date is missing or unclear, the registry can ask for evidence of when the will was signed (rule 14). A clear date also shows which of two wills is the later one.
What if you cannot sign or cannot read the will?
Someone else can sign for you, in your presence and at your direction, with both witnesses present. Because this is easy to get wrong, use a solicitor for it.
Extra care is also needed if the person making the will is blind, cannot read, or does not read the language the will is written in. Under rule 13, the registry must be satisfied that the person knew what the will said. A solicitor can record that the will was read over and understood. An automated will is not suitable in these situations; see when to use a solicitor.
Can you sign a will in hospital or a care home?
Yes. The same section 9 rules apply wherever you sign. Staff can witness if they inherit nothing, but ask the ward or home first whether their staff are allowed to act as witnesses.
If the person is seriously ill or there is any doubt about their mental capacity, speak to a solicitor before signing. A solicitor can arrange for capacity to be assessed and recorded, which is the evidence a family needs if the will is questioned later.
Which mistakes make a will or a gift fail?
Most signing problems come from the ceremony, not the wording.
| Mistake | Effect | Rule |
|---|---|---|
| Only one witness present, or witnesses present at different times | The will is not validly signed | Section 9 |
| A witness signs before you sign or acknowledge your signature | The witness has not attested your signature, so the will may fail | Section 9 |
| A witness signs after you have left the room | The witness did not sign in your presence | Section 9 |
| A beneficiary, or a beneficiary's spouse or civil partner, witnesses | The will stands, but that beneficiary's gift fails | Section 15 |
| Handwritten changes after signing | The changes have no effect unless signed and witnessed | Section 21 |
| Witnessing by video call, or an electronic signature | Not covered by current law for wills made after 31 January 2024 | Section 9 |
If a gift has already failed because a beneficiary witnessed, it cannot be fixed with a note. Make a new will, signed with independent witnesses. There is more on this at can a beneficiary witness a will.
How do you change a will after signing it?
Make a new will, or a codicil signed and witnessed in the same way. Crossing out or adding words on the signed will has no effect unless the change is itself executed like a will (section 21). See changing your will and what is a codicil.
What should you do after signing?
Keep the signed original safe and tell your executors where it is. Use the free executor handover to record the location and practical contacts. GOV.UK lists home, a solicitor, a bank, a will storage company or the Probate Service as places to keep it. Do not staple or clip anything to the will; marks suggesting something was attached or removed can lead the registry to ask questions (rule 15). More on the options, including the £24 Probate Service fee, is on where to store a will.
This guide covers England and Wales. Scotland and Northern Ireland have their own rules; see wills in Scotland and Northern Ireland.
Sources
- Wills Act 1837, section 7 (minimum age)
- Wills Act 1837, section 9 (signing and witnessing, including the 2020 to 2024 video provision)
- Wills Act 1837, section 15 and section 17 (witnesses who benefit; executors as witnesses)
- Wills Act 1837, section 21 (alterations after signing)
- GOV.UK: Make sure your will is legal
- Ministry of Justice: Guidance on making wills using video-conferencing
- Non-Contentious Probate Rules 1987, rules 12 to 15
- Law Commission: Wills project and Modernising Wills Law report (16 May 2025)
Sources checked 24 September 2026. Practical printing and document-handling guidance added 30 September 2026.