You've written your will — or generated it with an online service like CheapWills for £9.99. Now comes the part that actually makes it legally valid: signing and witnessing.
Get this wrong and your entire will could be invalid. Get it right and it takes five minutes.
Here are the exact rules under the Wills Act 1837, the common mistakes that invalidate wills, and a step-by-step guide to doing it properly.
The Rules: What the Law Requires
The signing and witnessing requirements come from Section 9 of the Wills Act 1837 (as amended). They're not complicated, but they're strict.
Rule 1: You Must Sign the Will
The testator (that's you — the person making the will) must sign the will. You sign with your usual signature.
If you're physically unable to sign, someone else can sign on your behalf — but they must do so in your presence and at your direction, and the two witnesses must be present.
Rule 2: Two Witnesses Must Be Present When You Sign
Both witnesses must be physically present in the room when you sign. Not one at a time — both, simultaneously.
Rule 3: Both Witnesses Must Then Sign
After watching you sign, both witnesses must sign the will themselves. They must sign in your presence and in each other's presence.
Rule 4: Witnesses Must Be 18 or Over
Both witnesses must be adults (aged 18+).
Rule 5: Witnesses Cannot Be Beneficiaries
A witness cannot be someone who inherits under your will. This is the most commonly broken rule and it has serious consequences.
If a beneficiary witnesses your will, the will remains valid — but their gift is void. They lose their inheritance. The same applies to the spouse or civil partner of a witness.
Summary of All Signing Requirements
| Requirement | Detail |
|---|---|
| Testator signs | Your usual signature |
| Two witnesses present | Both in the room when you sign |
| Witnesses sign | Both sign after watching you sign |
| All present together | You and both witnesses must be in the same room throughout |
| Witnesses are 18+ | Must be adults |
| Witnesses are not beneficiaries | And not married to/civil partners of beneficiaries |
| Physical signatures only | No electronic or digital signatures |
Step-by-Step: How to Sign Your Will Correctly
Before You Start
- Print your will on standard A4 paper (if you've used an online service)
- Read it through one final time — check every name, address, and provision
- Choose two witnesses who meet the requirements (see below)
- Arrange a time when all three of you can be in the same room
The Signing Process
Step 1: You (the testator) sit down with your printed will and a pen. Both witnesses are in the room with you.
Step 2: Sign the will in the designated signature space. Use your normal signature. Both witnesses watch you sign.
Step 3: The first witness signs in the designated witness signature space, writes their full name and address, and (optionally) their occupation. They do this while you and the second witness are both present.
Step 4: The second witness does the same: signs, writes their full name and address, in the presence of you and the first witness.
Step 5: You're done. The will is now legally valid.
After Signing
- Don't staple, clip, or attach anything to the will after signing — this can create doubt about whether pages have been removed or added
- Don't write on the will after signing — any annotations could be interpreted as amendments
- Store the original somewhere safe (see storage section below)
- Tell your executors where to find it
Who Can Witness a Will?
Almost anyone can be a witness, as long as they meet these criteria:
Must Be:
- Aged 18 or over
- Mentally capable of understanding what they're witnessing
- Physically present when you sign
- Able to see you sign (sighted or in a position to observe)
Must NOT Be:
- A beneficiary of the will (someone who inherits)
- The spouse or civil partner of a beneficiary
- Under 18
Good Choices for Witnesses:
- Neighbours — they're nearby and usually not beneficiaries
- Work colleagues — convenient and typically not in your will
- Friends who aren't beneficiaries — make sure they don't stand to inherit anything
- Your GP or a local shopkeeper — professionals who can be easily contacted later
Witnesses Don't Need To:
- Read the will — they're witnessing your signature, not the contents
- Know what's in the will — your will is private
- Keep a copy — only you need the original
- Be lawyers or legal professionals — anyone qualifying person can witness
Common Mistakes That Invalidate Wills
Mistake 1: Beneficiary as Witness
This is the most common and most damaging error. If one of your witnesses is also a beneficiary (or married to a beneficiary), the will is still valid — but that person's gift is automatically void.
Example: You name your daughter as a beneficiary and she also witnesses the will. The will is valid, but your daughter's inheritance is cancelled.
Prevention: Double-check that neither witness (nor their spouse/civil partner) is named anywhere in your will.
Mistake 2: Witnesses Not Present at the Same Time
Both witnesses must be present when you sign. You can't have one witness watch you sign on Monday and the other on Tuesday.
Prevention: All three people (you + two witnesses) must be in the same room at the same time when signing takes place.
Mistake 3: Signing in the Wrong Order
You must sign first. Then both witnesses sign. Not the other way around.
Prevention: Follow the order: testator signs → witness 1 signs → witness 2 signs. All in each other's presence.
Mistake 4: Using Electronic Signatures
As of 2026, electronic signatures are not valid for wills in England and Wales. You must use a wet pen-on-paper signature. The same applies to witnesses.
Prevention: Print your will on paper. Sign with a pen. Witnesses sign with a pen.
Mistake 5: Not Including Witness Details
While the law technically only requires signatures, best practice is for witnesses to also write their full name, address, and occupation. This helps identify them later if the will is ever challenged.
Prevention: Ask witnesses to print their name, write their address, and note their occupation next to their signature.
Mistake 6: Signing the Wrong Place
Sign in the designated signature area. Don't sign in the margin, at the top of the page, or on the wrong page.
Prevention: If you've used CheapWills, the signature areas are clearly marked on the PDF. Sign where indicated.
Mistake 7: Video Witnessing
Video calls do not count as being "present." Witnesses must be physically in the same room. The temporary COVID-19 rules that allowed video witnessing in England and Wales expired in January 2024.
Prevention: Arrange for witnesses to be physically present. There's no alternative.
What If You Can't Find Two Witnesses?
This is a common practical problem, especially for people who live alone or have limited social contact.
Options:
- Ask neighbours — knock on two doors and ask politely. Most people are happy to help
- Ask colleagues — if you work in an office or shared space
- Visit friends — bring your will and ask two friends to witness while you're there
- Use professionals — your GP, pharmacist, or local bank manager can witness (though they may charge a fee)
- Ask at your local post office or library — staff may be willing to help
- Contact your local Citizens Advice — they can sometimes arrange witnessing
What NOT to Do:
- Don't sign without witnesses and plan to "get them later"
- Don't have one witness sign now and another sign later
- Don't use video calls or phone calls as a substitute for physical presence
- Don't forge witness signatures (this is illegal and invalidates the will entirely)
Multiple-Page Wills
If your will has more than one page:
- You sign on the last page in the designated signature area
- Witnesses sign on the last page underneath or beside your signature
- It's good practice to initial the bottom of every page (you and both witnesses), though this isn't a legal requirement
- Do not staple or unstapple pages after signing — this raises doubts about whether the pages are the originals
- Keep all pages together in a sealed envelope or folder
Storing Your Signed Will
Once properly signed and witnessed, your will needs to be stored safely:
At Home
Keep it in a fireproof safe, lockbox, or secure drawer. Make sure your executors know exactly where it is. A will that can't be found after your death is effectively useless.
With a Solicitor
Many solicitors offer free or cheap will storage. You don't need to have used a solicitor to write the will — they'll often store it regardless.
With the Probate Service
You can deposit your will with the government's Probate Service for a one-off fee of £7. It's stored securely, and your executors can retrieve it when needed.
At Your Bank
Some banks offer safe deposit boxes. These are secure but may be difficult for executors to access quickly after your death.
Important:
- Tell your executors where the will is stored
- Don't keep it in a sealed envelope that's difficult to access — executors need to find it
- Keep only one original — multiple originals cause confusion
- If you make a new will, destroy the old one (cut it up, shred it, burn it) to prevent confusion
After Signing: What if You Need to Make Changes?
Minor Changes
Never cross out, write on, or annotate a signed will. Any alterations after signing must be done properly — either through a codicil (a formal amendment) or by making a new will entirely.
Codicils
A codicil is a legal document that amends an existing will. It must be signed and witnessed with the same formality as the original will. Codicils are fine for minor changes but can cause confusion if there are many of them.
Making a New Will
For anything more than a trivial change, making a new will is simpler and safer. A new will automatically revokes all previous wills (this standard clause is included in CheapWills' templates). Destroy the old will to prevent confusion.
At CheapWills, you can make a new will at any time for £9.99. Same price every time.
Learn more about updating your will
Signing Checklist
Before you start:
- Will is printed on paper
- You've read it through and everything is correct
- Two witnesses are available
- Neither witness is a beneficiary (or married to one)
- Both witnesses are 18+
- You have a pen
During signing:
- All three people are in the same room
- You (the testator) sign first
- Both witnesses watch you sign
- First witness signs, prints name and address
- Second witness signs, prints name and address
- Completed while all three are still present
After signing:
- Will is stored safely
- Executors know where to find it
- No annotations or attachments added after signing
Make your will today for £9.99 — it takes 10 minutes.
Join the Waitlist — Wills from £9.99Frequently Asked Questions
Can my spouse witness my will?
Only if they aren't a beneficiary. Since most wills name the spouse as the main beneficiary, in practice your spouse almost certainly cannot witness your will.
Can a family member witness my will?
Yes, as long as they're not a beneficiary of the will and not married to/civil partner of a beneficiary. If your brother isn't mentioned in your will, he can be a witness.
What happens if a beneficiary witnesses my will?
The will remains valid, but the beneficiary's gift is automatically void. They lose their inheritance. This also applies if their spouse or civil partner is a witness.
Do witnesses need to read my will?
No. They're witnessing your signature, not the contents. Your will is private. Witnesses don't need to know what's in it.
Can I witness someone else's will?
Yes, as long as you're 18+, mentally capable, and not a beneficiary (or married to one). You don't need any special qualifications.
Can I use the same witnesses for my partner's will?
Yes. The same two people can witness both partners' wills. Each will is signed separately, but the same witnesses can serve for both signing ceremonies.