Writing a will  is an essential step in ensuring assets and wishes are handled according to a clients preferences after their death. A critical aspect of creating a legally valid will in the United Kingdom is having it properly witnessed. This blog outlines the rules surrounding who can witness a Will to help clients avoid the common pitfalls that could invalidate their document.

What does a witness do and who can be one?

A witness is someone who observes the testator (the person making the Will) sign the document and then signs the document themselves to confirm they have witnessed it. This process is a crucial step in ensuring the Will’s authenticity and legality.  In the UK it’s necessary that;

1. Witnesses must be at least 18 years old
2. They must have the mental capacity to understand the significance of witnessing a Will.
3. They must be independent  and cannot be beneficiaries or anyone closely associated with a beneficiary. As well as ensuring any conflict of interest claims or undue influence, if a beneficiary (or a close associate) acts as a witness, they lose their entitlement under the Will but the rest of the will may remain valid.
4. The witness must be physically present to observe the testator signing the will.

Who can act as a witness?

Witnesses can include;

• Friends or neighbors
• Colleagues
• Professionals

The testator doesn’t in fact need to know the witness but the witnesses selected need to meet the above requirements.

Who cannot witness a Will?

There are a certain people who cannot act as a witness such as;

• Beneficiaries
• Spouses or Civil partners of beneficiaries or anyone closely associated with the beneficiaries
• Blind or visually impaired individuals
• Anyone under the age of 18 is not permitted to witness a will

Best Practice

When choosing witnesses, it’s best to use independent parties who have no vested interest in the Will. It is recommend that the witness details are documented (including full names, addresses and contact details of the witnesses) in case their testimony is needed in the future.

It can be beneficial for advisers to supervise the signing with clients to ensure the signing takes place in the presence of the two chosen witnesses.

If any errors in signing the documents are made, its recommended that these are corrected immediately  to avoid an issues or confusion with the probate process later on.

Whilst witnessing a Will might seem straightforward, even small errors can render the document invalid.

Need further assistance or guidance on witnessing a Will? Reach out to the team and we’ll be happy to assist you.

enquiries@btwc.co.uk 01522 500823