It is imperative that your will is signed and witnessed correctly for it to be legally valid.
The law is very particular about how you sign your will. Get it wrong, and it can render the will legally invalid! It’s therefore extremely important that you sign/witness your will correctly. This guide is intended to set out how that process should happen. When it comes to signing, if you have any queries at all, do please call us.
Who can witness?
Two people that are adults, of sounds mind, and are independent – ie not related in any way to anyone featuring in the will.
Who should be there?
When you sign, date, and witness the will, you need both of your two witnesses there with you. Do not mark the will in any way unless all three of you are present.
How to sign
With all three of you present:-
- The date the will (on the front cover and the first ‘main’ page)
- Sign next to the brackets on the last page
- Your witnesses should then sign, complete their full names, their address, and occupation
How it should look
Do executors need to sign my will?
No! Your executors do NOT need to sign your will.
Is a Will the same as a Letter of Wishes?
No. Your will is legally binding and sets in stone who gets what. A letter of wishes simply gives guidance to your executors (and guardians) on things you might like to happen – eg around your funeral arrangements.
Do I sign a Letter of Wishes the same as my Will?
No. Due to the informal nature of a letter of wishes, the same signing protocol (as a Will) is NOT required. And/but, it is worth stressing that if your will fails to follow the strict rules around signing/witnessing as set out above, it will fail and you would be deemed to have died ‘intestate‘.