What are the rules for witnessing a will?
You need two witnesses who are both present when you sign, and each must then sign while you watch. That comes from section 9 of the Wills Act 1837. The other rules about who is a good witness come from the Act and from government guidance:
- They should not benefit. A gift to a witness, or to a witness's spouse or civil partner, fails under section 15. The rest of the will still works.
- They must be able to see you sign. Ministry of Justice guidance describes this as a clear line of sight and says blind people cannot witness a will.
- They should understand what they are doing. The same guidance says there is a general assumption that a witness should have mental capacity.
- They should be adults. The Act sets no minimum age, but GOV.UK says both witnesses should be over 18.
There is no rule about nationality, where the witness lives, or their job. For the signing steps themselves, see how to sign and witness a will.
Who can and cannot witness a will?
This table covers the people most often asked to witness a will in England and Wales.
| Person | Can they witness? | Why |
|---|---|---|
| Friend, neighbour or colleague who inherits nothing | Yes | Independent and able to confirm the signing later. |
| Family member who inherits nothing | Yes | Legally allowed if they are not married to, or the civil partner of, a beneficiary. |
| Your spouse or civil partner | Only if they inherit nothing | Most spouses inherit, and their gift would fail (s.15). |
| Anyone who inherits under the will | No | The will stays valid but their gift fails (s.15). |
| The spouse or civil partner of a beneficiary | No | The beneficiary's gift fails (s.15). |
| The unmarried partner of a beneficiary | Best avoided | Section 15 does not currently cover cohabitants, but the Law Commission has recommended that it should. |
| An executor who inherits nothing | Yes | Being an executor does not disqualify a witness (s.17). |
| A professional executor, such as a solicitor, paid under a charging clause | Yes | Professional fees are treated as payment for services, not a gift (Trustee Act 2000, s.28). |
| Someone under 18 | Not recommended | No statutory minimum, but GOV.UK says witnesses should be over 18. |
| Someone who is blind | No | A witness must be able to see the signature (Ministry of Justice guidance). |
| Someone joining by video call | No | Video witnessing only covered wills made from 31 January 2020 to 31 January 2024. |
Can a family member witness a will?
Yes, provided they inherit nothing under the will and are not married to, or in a civil partnership with, anyone who does. For example, if you leave everything to your two children, your brother can witness as long as he is left nothing and is not married to one of your children.
Relatives are allowed, but independent witnesses are harder to accuse of pressure if the will is challenged later. If the family is likely to disagree about the will, choose people outside the family and consider whether you need a solicitor; see do I need a solicitor for a will.
Can your husband, wife or civil partner witness your will?
Only if they receive nothing under it. Most people leave something to their spouse or civil partner, so in practice they should not witness. If they do, the will stays valid but their gift fails, which can defeat the main purpose of the will.
What happens if a beneficiary witnesses the will?
The will remains valid, but the gift to that beneficiary (or to the beneficiary whose spouse or civil partner witnessed) is void under section 15. What they would have received usually falls into the residue of the estate, or passes under the intestacy rules if it was a share of the residue.
There is one exception. Under section 1 of the Wills Act 1968, the beneficiary's signature is disregarded if the will was properly witnessed without them, for example where two other independent witnesses also signed. If you think a gift has already failed, take advice before relying on this. More detail is on can a beneficiary witness a will.
Can a blind or partially sighted person witness a will?
A blind person cannot witness a will, according to Ministry of Justice guidance, because the witness must see the will being signed. Someone with partial sight should only act if they can clearly see you sign. If you are unsure, choose another witness.
If you, rather than the witness, are blind or partially sighted, the signing needs extra care. Under rule 13 of the Non-Contentious Probate Rules 1987, the probate registry must be satisfied that a blind testator knew what the will said. Use a solicitor, who can read the will to you and record that you understood it.
Can you sign your will abroad, or use witnesses who live abroad?
Witnesses do not need to be British or live in the UK. If you sign outside England and Wales, section 1 of the Wills Act 1963 treats the will as properly signed if it follows the law of the place where you signed it, or the law of your domicile, habitual residence or nationality. So if you live in England or Wales and sign on holiday, following the section 9 steps with two physically present witnesses still works.
If you live abroad or own property abroad, take local legal advice, because another country may apply its own rules to that property. An automated England and Wales will is not suitable for that situation.
What does a witness actually do?
- Watches you sign the will, or hears you confirm that an existing signature is yours, with the other witness also present.
- Signs the will while you watch.
- Prints their name and address underneath, so they can be traced if needed.
Witnesses do not read the will or approve its contents. If a will is questioned at probate, the registry may ask a witness for a statement about the signing, which is why it helps to choose people you could find again. You can check one person at a time with the witness checker and print the signing checklist for the day itself.
Sources
- Wills Act 1837, section 9, section 15 and section 17
- Wills Act 1968, section 1
- Wills Act 1963, section 1
- Trustee Act 2000, section 28
- GOV.UK: Make sure your will is legal
- Ministry of Justice: Guidance on making wills using video-conferencing (witness eligibility and line of sight)
- Non-Contentious Probate Rules 1987, rule 13
- Law Commission: Modernising Wills Law, summary of the report (16 May 2025)
Sources checked 24 September 2026.