For your Will to be legally valid you must:

• be 18 or over;
• make it voluntarily;
• be of sound mind;
• make it in writing;
• sign it in the presence of two witnesses who are both over 18; and
• have it signed by your two witnesses, in your presence and the presence of each other.

So who can act as your witness?

• Age Requirement: a witness must be aged 18 older.

• Mental Capacity: Witnesses must have the mental capacity to understand what they are witnessing. They should comprehend that they are witnessing the signing of a Will and that the document will take effect upon the testator’s death.

• Disinterested Witness: A witness should ideally be “disinterested,” or independent meaning they are not a beneficiary in the Will or related to a beneficiary of the Will. If a witness stands to inherit from the Will, there could be complications.

• Not Related to the Testator: the witnesses should be independent parties who are not related to the person making the Will (the testator). This reduces the chance of contestation or claims of undue influence by family members.

To read about the practical implications of acting as a witness to a Will, get ready to read our next article “Witnessing a Will – The case of Dunstan v Ball 2024”.

Article written by Megan Wood – Trainee Solicitor – Litigation

If you have any questions relating to the above article please do not hesitate to contact us, our team of expert solicitors are on hand to help.