The signature of the person making the will, also known as a testator, must be witnessed to make their will valid. While this sounds easy, there are a few legal requirements that must be followed to ensure its validity.
In this blog, we’ll explore what a witness does, who can witness a will and why you need a witness.
What does a witness do?
A witness's role is to ensure that the person creating the will, is the same person signing the will. Without the will being signed by both the testator and the witness, the will is invalid.
While witnesses aren’t required to read the will before signing it, they do need to sign the will and provide their name, address and occupation. Wills are also usually witnessed by two witnesses.
Why does a will need to be witnessed?
Witnesses are important as they ensure that:
- The testator is signing the will.
- The signature is not forged.
- The testator has not been coerced into signing the will.
- The testator has the mental capacity to understand what they are signing.
Witnesses will also ensure that the right legal procedures have been followed. If they haven’t the will will be invalid on the grounds of ‘lack of due execution’.
How does witnessing a will work?
Witnessing a will is a very straightforward process. Two witnesses and the testator will need to sign the will, as well as provide their name, address and occupation, while each person watches them do so.
When signing a will it should be written clearly in ink and nothing should be attached to the will as this can make it invalid.
Who can witness a will?
Witnesses must be independent adults who are not related to the testator and have no personal interest in the will. A neighbour or friend could be a good option. They should also:
- Be 18 or over.
- Have ‘capacity’ - They must have the ability to understand what they’re signing.
- Not have any personal interest in the will
Those who cannot be a witness include:
- The testator’s spouse or civil partner.
- A beneficiary of the will.
- A beneficiary’s spouse or civil partner.
For further guidance and advice regarding who can witness a will, get in touch with our Will Solicitors today.
Can you refuse to witness a will?
You can refuse to sign a will if:
- The person signing isn’t the testator of the will.
- You don’t believe the testator has the mental capacity to sign a will.
- You believe the testator has been coerced into signing the will.
- You know that you’re a beneficiary or the spouse or civil partner of a beneficiary.
If you feel uncomfortable in any way you shouldn’t witness a will. Get in touch with our Will Writing Solicitors today for further information and support.
