A valid will is essential to ensure that your estate is distributed according to your wishes after your death. One of the key legal requirements in England and Wales is that a will must be properly witnessed. Failure to comply with the rules on witnessing can lead to a will being declared invalid, which could result in unintended consequences for your beneficiaries. At Blackstone Solicitors, we assist clients in ensuring their wills are correctly executed. In this article, we outline the legal requirements for witnesses and provide guidance on best practices.
Please click here to find out more about our Private Client services
Free Initial Telephone Discussion
For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Wills and Probate and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
- Why Do Wills Need to Be Witnessed?
The law requires wills to be witnessed to prevent fraud, coercion, or undue influence. Witnesses serve as independent parties who confirm that the will was signed by the testator (the person making the will) willingly and in sound mind.
- Legal Requirements for Witnesses
Under the Wills Act 1837, the following legal requirements apply to witnesses:
- The will must be signed in the presence of two independent witnesses.
- The witnesses must be present at the same time when the testator signs the will.
- After witnessing the testator’s signature, each witness must also sign the will.
- The witnesses must understand that they are witnessing a will but do not need to read its contents.
- Who Can Act as a Witness?
To be legally valid, the witnesses must meet the following criteria:
- Must be over 18 years old – Witnesses must be adults to provide a legally binding confirmation.
- Must be of sound mind – Witnesses should be capable of understanding the significance of the act of witnessing.
- Must not be a beneficiary – A witness (or their spouse or civil partner) must not be a beneficiary of the will. If a beneficiary acts as a witness, they forfeit their inheritance under that will.
- Must be independent – Witnesses should be people with no vested interest in the will, such as neighbours, friends, or colleagues.
- Who Cannot Act as a Witness?
To avoid complications, the following individuals should not act as witnesses:
- Any person named as a beneficiary in the will.
- The spouse or civil partner of a beneficiary.
- The testator’s spouse or civil partner.
- Anyone who is under 18 years of age.
- Individuals who lack mental capacity.
- The Process of Signing and Witnessing a Will
To ensure a will is legally valid, follow these steps:
- The testator must sign the will in the presence of both witnesses.
- The witnesses must sign immediately after the testator, confirming that they were present.
- All signatures should be made using a pen with permanent ink to prevent alterations.
- Each witness should include their name, address, and occupation to help verify their identity if needed.
- The entire process should be completed in one sitting – if one witness signs at a different time, the will may be invalid.
- Remote Witnessing of Wills
Due to the COVID-19 pandemic, the government introduced temporary provisions to allow wills to be witnessed remotely using video conferencing technology. However, remote witnessing remains subject to strict conditions:
- The testator and both witnesses must see each other sign in real-time.
- The process should be recorded where possible.
- The original document must be signed by all parties, meaning it must be physically sent to each witness for signing.
- Remote witnessing should only be used as a last resort.
- Consequences of an Improperly Witnessed Will
If a will is not correctly witnessed, it may be deemed invalid, meaning the estate would be distributed according to intestacy laws rather than the deceased’s wishes. This can cause:
- Disputes among family members.
- Unintended beneficiaries inheriting assets.
- Additional legal costs and delays in probate.
- Updating and Reviewing a Will
It is advisable to review and update your will regularly. If changes are needed, they must be made through a codicil (an official amendment) or by creating a new will, both of which must also be properly witnessed.
- Professional Assistance with Wills
Ensuring that your will is valid and correctly witnessed is essential for protecting your estate and your loved ones. At Blackstone Solicitors, we provide expert guidance on drafting and executing wills, ensuring full legal compliance.
Conclusion
Witnessing a will is a crucial legal requirement to ensure its validity. By following the correct procedures and choosing appropriate witnesses, you can prevent disputes and ensure your wishes are carried out. If you need assistance with drafting or executing a will, contact Blackstone Solicitors today for professional advice.
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to us today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
Comments are closed.
