What makes a will valid?

The person must understand and choose freely

For an ordinary will in England and Wales, the person making it must be at least 18. They must make it freely and have the mental ability needed to make a will. This is called testamentary capacity.

If there are concerns about illness, memory, understanding or pressure, ask a solicitor before going ahead. A checklist cannot assess capacity. Someone may still be able to make a will even if they need help with other decisions.

The will must be in writing

The document should clearly set out your wishes. Check who should inherit, who will carry out the instructions and what happens if a named person dies before you.

Read the final version before signing. Ask about anything unclear. An online account, a spoken wish or a saved draft is not a substitute for a properly completed will.

Follow the signing and witness rules

For a straightforward signing, use two adult witnesses. Both must be present together and have a clear view as you sign. Each witness then signs the same document while you can see them sign.

The witnesses do not legally have to sign at the same moment or in each other’s presence. Keeping all three people together for the whole signing is a simple way to follow the process.

Do not use anyone receiving a gift in the will, or their spouse or civil partner, as a witness. Doing so can make that person’s gift fail, even if the rest of the will remains valid.

Get help if normal signing is difficult

If you cannot sign, cannot see or need someone to sign for you, get advice on the correct process. Do not improvise a video call or electronic signature. The temporary video-witness rules applied to wills made between 31 January 2020 and 31 January 2024.

This overview is not a ruling on whether an existing document is valid. If something went wrong, keep it safe and ask a solicitor.