England and Wales · reviewed 14 September 2026
Who can witness a will?
Check one proposed witness against the basic age, gift-conflict and signing rules. Then repeat it for the second witness before anybody signs.
Private checklist · no names collected
Check one proposed witness
Repeat the same check for the second witness. “Passes” only means your answers fit the basic public checklist.
The ordinary physical signing order
- Use two witnesses who are both over 18 and can clearly see the signing.
- Have both witnesses present together when the will-maker signs or acknowledges their signature.
- Each witness signs the same document while the will-maker has a clear view of the act.
- Do not add informal changes afterwards; a codicil or replacement will needs the proper formal process.
An executor is not automatically barred from witnessing, but a beneficiary—or the spouse or civil partner of a beneficiary—should not act because the gift can fail. Use an independent adult wherever possible.
The Law Commission proposed modernised and electronic-will rules in 2025. In June 2026 the government said it was still considering that report, so this checker uses the current GOV.UK physical-signing process rather than treating proposals as law.
Before choosing a service
Prepare the will before planning the signing
The witness check cannot repair missing or unclear legal wording. Organise executors, beneficiaries, guardians, assets and complexity flags first, then compare the scope and regulatory status of any provider you consider.
Open the will-preparation organiser →Common questions
Can a beneficiary witness a will?+
Do not use a beneficiary. Under the current England-and-Wales rule, a gift to a witness can fail even though that does not necessarily invalidate the whole will. Choose an independent adult who receives nothing under the will.
Can the husband, wife or civil partner of a beneficiary witness a will?+
Do not use them. A gift to their beneficiary spouse or civil partner can fail. GOV.UK’s public guidance says you cannot leave a witness or their married partner anything; Ministry of Justice guidance also states the spouse-or-civil-partner rule.
Can an executor witness a will?+
Current Ministry of Justice guidance says an executor can act as a witness. However, if that executor is also a beneficiary, or is married to or in a civil partnership with a beneficiary, choose somebody else because the gift can fail.
Do both witnesses have to sign at the same time?+
Both witnesses must be present together and clearly see the will-maker sign or acknowledge the signature. The witnesses do not have to sign at the same time as each other, but the will-maker must clearly see each witness sign the same document.
Can a new will be witnessed over a video call in 2026?+
Do not rely on the temporary pandemic process. The Ministry of Justice says the video-witnessing legislation applied only to wills made up to 31 January 2024; after it ceased, new wills returned to the normal method. Proposed electronic-will reforms are not current law.
Can a family member or friend witness a will?+
A family member or friend is not automatically barred under the basic England-and-Wales checklist, but they should be over 18, receive no gift, not be married to or in a civil partnership with a beneficiary, and follow the signing process. An independent witness is easier to defend if a dispute is possible.