---
title: "Can this person witness my will?"
description: "Answer four questions to see if someone can legally witness your will in England and Wales — age, gifts, spouses, and presence."
url: "https://swiftwill.co.uk/tools/witness-checker/"
author: "Marcus Kaiser"
date_modified: "2026-08-12"
---

# Can this person witness my will?

Witnesses must be 18 or over, must not inherit under the will, must not be the spouse or civil partner of someone who does, and must be in the room with you and the other witness when you sign. If any of those fail, pick someone else. Skip this checker if the testator cannot read English — that needs a special attestation clause.

> SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information.

## Can this person legally witness your will?

Answer four yes/no questions. The law is section 9 and section 15 of the Wills Act 1837:
 two independent adults, present together, wet ink. A beneficiary who witnesses does not
 destroy the will — they destroy their own gift. Neighbours and colleagues are the safer
 habit.

## What are the four tests this checker applies?

Aged 18 or over; not a beneficiary; not the spouse or civil partner of a beneficiary; able
 to be physically present with you and the other witness. Fail any one and they must not
 witness. Video calls do not count — that easement ended on 31 January 2022.

| Test | If they fail |
| --- | --- |
| Aged 18+ | Cannot witness. Choose another adult. |
| Does not inherit | Will stays valid; their gift is void (s.15). |
| Not a beneficiary’s spouse | The beneficiary’s gift fails. |
| Present in the room | Signing is invalid if witnesses are sequential or remote. |

Full narrative: [who can witness a will](/who-can-witness-a-will/) and
 [how to sign a will](/how-to-sign-a-will/). Print the
 [witnessing checklist](/api/witnessing-card/) before you gather people.

## Frequently asked questions

### Can a beneficiary witness a will?

They can physically sign as a witness — the will stays valid — but their gift is void under section 15 of the Wills Act 1837. The same applies if their spouse or civil partner witnesses. Use two independent adults instead.

### Does a witness need to read the will?

No. They are witnessing your signature, not the contents. They do not need to know what the will says.

### Can both witnesses be a married couple?

Yes, as long as neither of them inherits under the will and neither is married to someone who does.

### Is this checker legal advice?

No. It applies the three statutory tests (age, independence, presence) in plain English. Unusual situations — blind or non-English-reading testators, capacity doubts — need a solicitor.

Canonical HTML: https://swiftwill.co.uk/tools/witness-checker/
Markdown: https://swiftwill.co.uk/tools/witness-checker.md
Last modified: 2026-08-12
Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)