Who Can Witness My Will?

Note: The following article is part of our Complimentary Articles Series, designed to provide additional insights and detailed information on specific topics within estate planning.

Alongside this article, we suggest exploring our pillar articles for a comprehensive understanding of general legal issues related to estate planning.

• Can I Challenge or Contest a Will?
• I Think a Will is Invalid. What Do I Do?
• What Makes a Will Legal?
• Can I Change My Will?
• How Can I Revoke a Will?

INTRODUCTION

In estate planning, your Will is not considered legally valid until it is signed correctly. However, to ensure your instructions are respected, a strict protocol must be followed beyond just putting pen to paper.

Part of that protocol is not only ensuring you have the right witnesses but also ensuring proper witness procedure when you sign your Will.

This article explains who can be a witness to you signing your Will and what steps they should follow.

RECAP: WHY HAVE WITNESSES?

• You Must Have Your Witnesses Present When Signing Your Will: It is a legal requirement for two witnesses to be present and in the same room, observing as you sign your Will, with each person witnessing the others in turn. When you sign your Will, you must ensure that Witnesses have a clear line of sight.

• Witness Signatures: After you sign your Will, your witnesses must also sign. Again, make sure there is a clear line of sight and that everybody uses the same pen, preferably with black ink.

• Witness Information: After signing in the appropriate spaces, witnesses must write down their full name, address, and occupation in order to identify themselves clearly. Initials should not be used.

WHAT ARE THE REQUIREMENTS TO BE A WITNESS?

• Number of Witnesses: It's a legal requirement to have two witnesses observe you signing the Will.

• 18 Years Old: Witnesses must be 18 years or older.

• Mental Capacity: Witnesses should be of sound mind, i.e., they have the mental capacity to understand the significance of what they are witnessing.

• Independence: Witnesses cannot be Beneficiaries of the Will or a spouse of the Beneficiary. Doing so renders their inheritance invalid.

• No Duress: Witnesses must not be under any form of pressure, duress, or coercion when observing the signature of the Will. 

WHO CAN BE A WITNESS?

While it is true that witnesses can be "anybody," like a friend, relative, or even your neighbour, it's vital to uphold the Will's credibility and authority. In estate planning, the validity of a Will often comes into question, so the individuals you choose as witnesses must be credible in their own right.

Therefore, while it is true that "anybody" can be a witness, we recommend you use the following filters to choose your witnesses carefully.

• Neutrality: The best witnesses are those who are not Beneficiaries or connected to Beneficiaries or who otherwise do not stand to gain anything from the Will. To avoid any conflicts of interest, this neutrality is essential.

• Competency: Besides being over 18, your witnesses should be competent adults in the sense that they have the maturity and mental acuity to understand what they are witnessing and the potential legal consequences of witnessing the Will being signed. Remember that witnesses sign the Will too.

• Reliability: The ideal witnesses can demonstrate reliability, meaning that you can contact them quickly and they can respond professionally should the need ever arise.

• Of Good Standing: Generally, people with a good reputation in the community give credibility and authority to the witness process.

Need to know more?

If you have any questions about your Will or Estate, feel free to contact us for an initial free no-obligation call, where we'll bring you through some options to secure peace of mind for you and your loved ones.

Book a callback, and we'd be happy to arrange a no-cost, no-obligation discussion with you to lay out the options available.

Alternatively, call us on 01233 659 796.

Or reach out to us here.