What does section 9 of the Wills Act 1837 actually require?
A will is valid in England and Wales only if all of the following are true (Wills Act 1837, s.9; see also gov.uk/make-will):
| The requirement | What it means in practice |
|---|---|
| It is in writing | Your will exists as a physical (or at least written) document — not a conversation, voicemail or video. |
| Signed by the testator (or by someone in their presence and at their direction) | You sign the will yourself; only if you physically cannot may someone sign for you, in front of you and at your direction. |
| The testator intended the signature to give effect to the will | You sign meaning it to be your will — not a draft or a note. |
| The signature is made or acknowledged in the presence of TWO witnesses, both present at the same time | Both witnesses watch you sign (or hear you acknowledge your signature) together, in the same room, at the same time. |
| Each witness then signs (or acknowledges their signature) in the testator's presence | Each witness signs while you watch. Everyone stays together until all three signatures are done. |
Notice what is not on that list: who drafted the document. The law does not care whether your will came from a solicitor, an online service, or a stationery-shop template — only that it is properly drafted and correctly executed.
Does a will have to be written by a solicitor?
Will writing is not a reserved legal activity under the Legal Services Act 2007 — no licence is required to draft wills, and no solicitor or notary needs to be involved for a will to be valid. You must be 18 or over and have testamentary capacity (the Banks v Goodfellow test), and the signing must be physical: wet ink on paper. E-signatures are not valid for wills, and the COVID-19 video-witnessing easement ended on 31 January 2022.
How does SwiftWill keep an online will valid?
Rules-engine checks, a correctly worded attestation clause, a signing card, and an honesty gate before payment. Execution errors — not who drafted the document — are the usual DIY failure. Studies of homemade wills suggest 20–30% fail on signing. Skip an online will if you need tax planning, trusts or expect a dispute.
- Rules-engine validation — your answers are checked as you go (ages, shares totalling 100%, executor counts), so structural errors are caught before payment, not after probate.
- Proper drafting — your will is generated with the standard clauses in the standard order, including a correctly worded attestation clause recording the s.9 ceremony.
- The signing card — every delivery includes a step-by-step witnessing instruction card, because execution errors are the number-one DIY failure point (studies suggest 20–30% of homemade wills fail on execution).
- The honesty gate — if your situation needs a solicitor, our suitability check says so before you pay.
When is an online will not appropriate?
Legality is not the same as suitability. Inheritance tax planning, trusts, business or foreign assets, blended-family protection, excluding a dependant, capacity doubts, or a likely dispute all need tailored advice — read the honest breakdown at do I need a solicitor for a will?
What do courts look at if a will is challenged?
If a will is ever challenged, the questions are: was it executed correctly (the s.9 ceremony)? Did the person have capacity? Did they intend the document to be their will, free of undue influence? And is anyone entitled to claim under the Inheritance (Provision for Family and Dependants) Act 1975? A correctly signed online will answers the first three exactly as a solicitor-drafted one does.
For the full process of making a will — online, template or solicitor — see how to make a will in the UK.