Who Can Witness a Will?

Getting your will properly witnessed is crucial. If the witnessing isn't done correctly, your entire will could be invalid. Here's what you need to know about witnesses and signing your will.

Basic requirements for witnesses

A will witness must be:

• Over 18 years old
• Mentally capable (able to understand what they're doing)
• Physically present when you sign the will
• Able to see you sign

Who should NOT witness your will

This is where people often go wrong. The following people should not witness your will:

• Anyone who benefits from the will: If a beneficiary witnesses the will, their gift becomes void - they lose their inheritance
• The spouse or civil partner of any beneficiary: Same rule applies - their partner's gift is invalidated
• Anyone who might not be available later: If there's ever a dispute, witnesses may need to give evidence

Good choices for witnesses

Suitable witnesses include:

• Neighbours
• Work colleagues
• Friends who aren't receiving anything in the will
• Professional contacts (your doctor, accountant, etc.)

The witnessing process

1. Both witnesses must be present at the same time
2. They must both watch you sign the will (or acknowledge your signature)
3. Each witness then signs the will in your presence
4. Each witness adds their name, address, and occupation

Can executors be witnesses?

Yes, executors can witness your will - provided they're not also beneficiaries. However, it's generally better to use independent witnesses to avoid any suggestion of undue influence.