« Back to News

Signing a Will: What Makes It Legal?

22 August 2025

One common question is: How do I properly sign a Will to make sure it’s legally valid?

The rules governing the signing of Wills in England and Wales date back to the Wills Act 1837, which still forms the basis of the legal requirements today.

Whether you’re preparing a Will for the first time or reviewing an existing one, it’s essential to understand the formalities involved to ensure your wishes are upheld. Below, we explain the key steps and legal considerations.

Legal Requirements for Signing a Will

For a Will to be legally valid in England and Wales, the following must occur:

1. The Testator (the person making the Will) must sign the Will.
2. The signature must be made in the presence of two witnesses, who are present at the same time.
3. Both witnesses must then sign the Will in the presence of the Testator.

These steps must be followed precisely to ensure the Will is valid and enforceable.

Who Can Make a Will?

The person making the Will must:

• Be aged 18 or over.

Have testamentary capacity (i.e. be of sound mind), which means:

• Understanding the extent of their estate.
• Knowing who they should reasonably consider (e.g. family and dependents).
• Understanding the effect of the Will.
• Make the Will voluntarily, free from undue influence or pressure.

Can a Person with Illness, Dementia or a Learning Disability Make a Will?

Yes, provided they meet the legal test for capacity at the time of signing. Wills made in these circumstances can be more susceptible to challenge, so it’s important to take additional precautions. Instructing a solicitor is strongly advised to ensure the person’s wishes are carried out and to reduce the risk of disputes later on.

Witnessing the Will

How Many Witnesses Are Required?

Two witnesses are needed.

Who Can Be a Witness?

• Anyone over the age of 18 who is not blind.
• Witnesses should not be beneficiaries under the Will or the spouse/civil partner of a beneficiary. If they are, they will lose their right to inherit.
• Ideally, witnesses should have no interest in the Will and should not be related to anyone named in it.
• Executors may act as witnesses, but again, only if they are not also beneficiaries.

Minimum Age for Witnesses

Witnesses must be at least 18 years old.

Does a Will Need to Be Dated?

A Will does not have to be dated to be valid. However, it is strongly recommended to include the date of signing to avoid confusion or disputes over which version of a Will is the most recent.

Other Key Considerations

• Witnesses do not need to read or know the contents of the Will. Their role is to confirm that the Testator signed the Will voluntarily in their presence.
• If a witness dies after signing the Will, the Will is still valid. However, it’s helpful if the witnesses provide their full name, address, and occupation when signing, in case their testimony is needed in the future.

Tips for Ensuring Your Will Is Properly Signed

To avoid any issues with the validity of your Will, follow these best practices:

• Make sure the Will is written (not verbal).
• Use ink, not pencil. All signatures should be clear and legible.
• Do not use paperclips, staples or fasteners on your Will – anything attached may cast doubt on the completeness of the document.
• Ensure your witnesses are over 18, not beneficiaries, and not related to anyone named in the Will.
• Have your witnesses sign the Will and include their full contact details.
• Always date the Will when it is signed.

Final Word: Why Legal Guidance Matters

While it is possible to create and sign a Will without legal advice, the only way to ensure your Will accurately reflects your wishes and is correctly executed is to instruct a qualified solicitor. A professionally prepared Will reduces the risk of errors, challenges, or complications for your loved ones.

If you're considering making or updating your Will, we're here to help. Contact us for guidance to give you and your family peace of mind. Call 01202 527008 or send a message online: Contact Us AB Solicitors For Your Legal Needs

 

---

Further Information