Who should witness a Will?

Witnesses

To make sure that your Will is valid, it is important to have it properly witnessed. You need two witnesses who should be over 18 and preferably neither very old nor hard to trace, in case a question should arise later concerning the validity of your Will. A blind person cannot witness a Will.

If a person is inheriting something in your Will (called a 'beneficiary'), it is vital that he or she is not a witness. Also, you shouldn't use someone as a witness if he or she is married to a beneficiary. If either of these people do witness your Will, they will lose the benefit of their gift, but the Will will remain valid.

An 'executor' (someone you have named in the Will to manage your estate) or his or her spouse can safely act as a witness unless he or she is also a beneficiary, or a professional adviser who may wish to charge for his or her services, in which case another witness must be found.

Signature

You must sign your Will in the presence of the two witnesses and they must then both sign in your presence and in the presence of each other as witnesses to your signature. Neither you nor any witness should leave the room until your Will is both signed and witnessed, and you should all see each other sign.

Use your usual signature, write in ink and date your Will. Be sure that the witnesses complete their names, addresses and occupations in the space provided.


Law as stated as at 1st February 2006


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