Originally published: 26 July 2020 | Last updated: 12 February 2026
TL;DR: The Wills Act 1837 requires testators to sign their wills while two witnesses observe the process and then sign the document themselves. The COVID-19 pandemic brought a temporary legal change which allowed people to witness documents through video conferencing. The basic signing rules continue to apply because you need two separate adult witnesses to watch your signature and you should watch them sign. The witnesses cannot be beneficiaries. Understanding these rules removes the final barrier to getting your Will done.
What Are the Legal Requirements for Signing a Will?
The Wills Act 1837, written the same year Queen Victoria ascended to the throne, sets out the requirements for a legally valid Will in England and Wales. Despite being nearly 200 years old, these requirements still apply today:
The Will must be in writing
The testator needs to sign the document or someone else must sign it under the testator’s direct supervision. The testator needs to sign the document for the signature to become effective according to their wishes. Two witnesses need to witness the creation of the signature which they must also acknowledge.
Each witness must sign the Will in the presence of the testator
No witness can be a beneficiary of the Will, and no witness’s spouse or civil partner can be a beneficiary. The gift will become invalid when a witness serves as a beneficiary for the gift. The rest of the Will stays in effect.
What Changed During the COVID-19 Pandemic?
The government established a temporary system during the pandemic which allowed people to witness Wills through video conferencing technology. The system allowed witnesses to watch testator signatures through live video streaming which replaced their need to show up for in-person witness duty.
This temporary provision applied to Wills made between 31 January 2020 and 31 January 2024. The measure came into effect because people needed to practice social distancing which prevented them from meeting two witnesses face-to-face.
Has the Law Reverted to Normal?
Yes. Since 1 February 2024, Wills must again be witnessed in person. The testator needs to sign in front of witnesses who must also sign in front of the testator.
What Does “In the Presence Of” Actually Mean?
The 1837 Act uses the phrase “in the presence of” without defining it precisely. In practice, this means:
The witnesses need to watch the testator while they sign the document
They must be in the same physical location. The same room, or close enough to observe the signing
The testator needs to watch all witnesses while they sign the document
Both witnesses must be present at the same time
The pandemic led to new creative methods which people developed to solve their problems. People used car bonnets as signing surfaces while they also signed through garden fences and letterboxes. The methods fulfilled the basic requirements for presence but the best practice involves having all participants in direct physical contact.
Why Do Witnesses Matter?
Witnesses perform two essential duties which they must complete:
The witnesses verify testator mental fitness because they watch the testator demonstrate mental clarity and comprehension of all signing documents.
The witnesses protect the testator from any forced signing because they prevent anyone from making the testator sign documents against their wishes.
Witnesses need to stay separate from beneficiaries because they must maintain their independence. The witnesses perform their duties by watching events as unbiased observers. The witnesses need to provide testimony when someone challenges a Will based on questions about mental capacity or signs of forced influence.
What About a Holographic Will?
A holographic Will is one that is entirely handwritten by the testator. In certain parts of the United States and Canada these regions allow holographic Wills to become valid without needing witness signatures. However, holographic Wills are not valid in England and Wales. The witnessing requirements of the Wills Act 1837 apply regardless of how the Will was written.
How to Get Your Will Signed: A Step-by-Step Guide
Prepare your Will at LegalWills.co.uk, this takes about 20 minutes
Print the document: every page must be printed
Choose two witnesses: adults over 18, not beneficiaries, not married to beneficiaries
Gather in one location: you and both witnesses in the same room
Sign every page: initial each page and sign the final page in full
Witnesses sign: each witness signs and provides their name, address, and occupation
Store safely: keep the original in a secure, accessible location and tell your Executor where it is
Frequently Asked Questions
Can I use family members as witnesses?
Yes, provided they are not beneficiaries of the Will and their spouse or civil partner is not a beneficiary. Neighbours, friends, or colleagues are often the simplest choice.
Can my Will be witnessed by video call?
The temporary provision allowing video witnessing expired on 31 January 2024. Wills must now be witnessed in person with all parties physically present.
What happens if my Will is not properly witnessed?
The Will is invalid. The probate court will not accept this document for processing so your estate will distribute assets according to intestacy laws which apply when someone dies without a Will.
Do the witnesses need to read my Will?
No. Witnesses only need to see you sign the document. They do not need to know the contents. Your Will remains private.
Can I sign my Will electronically?
No. Electronic signatures are not currently accepted for Wills in England and Wales. The Will must be signed with a wet ink signature on a physical document.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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