Can this person witness my will?

By SwiftWillUpdated 24 September 2026England and Wales

Quick answer

A witness should be an adult who can see you sign, who inherits nothing under the will, and who is not the spouse or civil partner of anyone who does. They must be in the room with you and the other witness when you sign. Answer four questions below to check one person at a time.

Can this person witness your will?

Answer up to four yes-or-no questions about the person you have in mind. The checker runs in your browser and does not send your answers anywhere.

Are they aged 18 or over?

What does the checker test?

The four witness checks and what happens if one fails
Check	If it fails	Source
Aged 18 or over	Not recommended. The Act sets no minimum age, but GOV.UK says witnesses should be over 18.	GOV.UK
Inherits nothing under the will	The will stays valid; their gift is void.	Wills Act 1837, s.15
Not the spouse or civil partner of a beneficiary	The beneficiary's gift is void.	s.15
Present with you and the other witness, able to see you sign	The will is not validly signed. Video witnessing only covered wills made from 31 January 2020 to 31 January 2024, and blind people cannot witness.	s.9; MoJ guidance

One exception to the beneficiary rule: if the will was also properly witnessed by two other people who inherit nothing, the beneficiary's signature is disregarded and their gift survives (Wills Act 1968, section 1). Do not plan on this; use two independent witnesses.

More detail is in who can witness a will and can a beneficiary witness a will. For the day itself, follow how to sign and witness a will and print the signing checklist.

Sources

Sources checked 24 September 2026.

Which related guide should you read next?

Will signing checklist — Printable checklist for signing a will in England and Wales: five steps, who should not witness, mistakes that make a gift fail and good practice for probate.
Who can witness a will? Rules and examples — Who can and cannot witness a will in England and Wales: family, spouses, executors, under-18s and blind witnesses, and what happens if a beneficiary signs.
How to sign and witness a will — The legal steps to sign a will in England and Wales: two witnesses present together, who can witness, dating, attestation and the mistakes that make gifts fail.
Probate checker: do I need probate? — Answer up to three questions about property, joint assets and what banks have told you to see whether an estate in England or Wales needs probate.

Frequently asked questions

Can a beneficiary witness a will?

They should not. The will stays valid, but their gift is void under section 15 of the Wills Act 1837, and the same applies if their spouse or civil partner witnesses. Use two adults who inherit nothing.

Is there a minimum age for witnesses?

The Wills Act 1837 does not set one, but GOV.UK says witnesses should be over 18, so this checker treats under-18s as not recommended.

Can both witnesses be a married couple?

Yes, as long as neither of them inherits under the will and neither is married to, or in a civil partnership with, someone who does.

Is this checker legal advice?

No. It applies the main rules from the Wills Act 1837 and government guidance to one person at a time. Unusual situations, such as someone signing for you, a testator who cannot read the will, or doubts about capacity, need a solicitor.

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