Will signing witness rules: common mistakes to avoid
A will can fail to do what someone expects if the signing process is handled casually. The rules are not complicated, but the details matter.
This guide explains common signing and witness mistakes in England and Wales. It is general information only and is not legal advice.
Using only one witness
For a standard will in England and Wales, two witnesses are normally required. Both should be present when the person making the will signs or acknowledges their signature.
Choosing a beneficiary as a witness
A beneficiary, or the spouse or civil partner of a beneficiary, should not act as a witness. That can create serious problems for the gift to that person.
Signing at different times
The signing process should be treated as one meeting. If people sign later, in different rooms or without seeing the relevant signature, the will may be more vulnerable to challenge.
Unreadable witness details
Names, addresses and signatures should be clear. If the will is questioned later, the witness details may help show who was present and what happened.
Losing the original
The signed original matters. A scan or photocopy may not be enough in practice, so storage and executor access should be considered as part of the signing process.
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