The three eligibility rules
- Aged 18 or over. Witnesses must be adults who understand what they are attesting to.
- Independent. A witness must never be a beneficiary of the will, nor the spouse or civil partner of a beneficiary. Under section 15 of the Wills Act 1837, any gift to a witness — or to a witness's spouse or civil partner — is void. The will itself remains valid; the gift fails.
- Physically present. Both witnesses must be in the room with you at the same time when you sign or acknowledge your signature — see the exact signing rules. Video witnessing ended on 31 January 2022.
Quick reference: who can and cannot witness
| Person | Can they witness? |
|---|---|
| Neighbour, colleague or friend (not a beneficiary) | ✓ Yes — ideal |
| Your spouse or civil partner (a beneficiary) | ✗ No — almost always a beneficiary |
| Your adult child who inherits under the will | ✗ No — their gift fails (s.15) |
| Your adult child who inherits nothing under the will | ✓ Yes, but independent witnesses are safer |
| An executor who is not a beneficiary | ✓ Yes |
| A beneficiary's spouse or civil partner | ✗ No — the beneficiary's gift fails |
| Someone aged 17 or under | ✗ No — witnesses must be 18 or over |
Why independence matters beyond the rule
Even where a relative technically can witness, independent witnesses are the better habit. If the will is ever challenged, witnesses may be asked to confirm the signing decades later — people with no stake in the outcome carry more weight, and are usually easier to trace.
Special cases
Blind, illiterate or non-English-reading testators need special attestation clauses recording that the will was read over and understood before signing — that is solicitor territory, and our suitability check redirects accordingly. Witnesses should also be people able to understand what they are witnessing; choose adults who could credibly confirm the ceremony later.
Ready to sign? Follow the step-by-step signing ceremony and download the printable witnessing checklist.