You can answer every question perfectly, choose ideal executors and divide your estate with complete fairness, and still leave behind a worthless document. The signing ceremony is where wills fail. The rules come from section 9 of the Wills Act 1837, they are mandatory, and no court can waive them out of sympathy.
What section 9 requires
- The will must be in writing
- You must sign it yourself (or direct someone to sign for you, in your presence)
- Two witnesses must be present at the same time when you sign or acknowledge your signature
- Each witness must then sign, or acknowledge their signature, in your presence
The phrase that catches people is "present at the same time". Signing alone and then taking the will next door for one neighbour, then the other, does not work. All three of you, together, in one room, in one sitting. The witnesses do not need to read the will and should not be shown its contents; they are witnessing the signature, not the terms.
Who can witness a will
Any adult with capacity who can see the act of signing. Neighbours, colleagues and friends are ideal. A witness must be able to see, which is why a blind person cannot witness, and should be someone who could later confirm what happened if the will were challenged.
Who must never witness: the section 15 trap
Section 15 of the Act is quietly brutal. If a beneficiary witnesses the will, or the spouse or civil partner of a beneficiary does, the will remains valid but that person’s gift is void. Your son witnesses the will leaving him half your estate: the will stands, his inheritance vanishes. This single rule disinherits people every year, almost always in homemade wills where nobody knew to check.
Executors can witness safely, provided they are not also beneficiaries. But the cleanest rule of thumb is: nobody named anywhere in the will, and nobody married to anyone named in it, goes near the witnessing.
Can a will be witnessed by video?
Not any more. A temporary change during the pandemic allowed video witnessing for wills made between January 2020 and January 2024. That provision has expired. For a will signed today, the witnesses must be physically present, in the room, watching. If you see advice online saying video witnessing is allowed, it is out of date.
A signing ceremony that cannot go wrong
- Gather both witnesses in one room, with the will and a working pen
- Confirm neither witness (nor their spouse or civil partner) is named in the will
- Sign and date the will while both witnesses watch
- Have each witness sign in turn, adding their name, address and occupation, while you watch
- Do it in one continuous sitting; nobody leaves the room mid-ceremony
Then store the original safely and tell your executors where it is. A perfectly executed will that nobody can find helps no one.
How Willful handles this
Every Willful will arrives with step-by-step signing instructions tailored to your document, and the solicitor review checks the things a form cannot: that your witnesses are safe choices and that nothing in the will collides with the execution rules. The law still requires ink and two humans in a room. We make sure that is all it requires.