Who Should Witness Your Will? A Simple Guide
Making a will is one of the most important things you can do to protect your loved ones and ensure your wishes are honoured after you’re gone. But it’s not enough to simply write your will — it also needs to be properly witnessed to be legally valid.
One common question people have is:
“Who should I ask to be my witnesses?”
Let’s break it down clearly and simply.
Who Can Witness a Will?
- To make sure your will is legally valid, the witnesses you choose need to meet a few important criteria:
- They must be over 18 years old (or the legal adult age in your country)
- They must not be a beneficiary of your will — or married to anyone who is
(If they are, they might lose their right to inherit anything you’ve left them) - They must be of sound mind
- Ideally, they shouldn’t be closely related to you
(Even if they’re not inheriting, it helps avoid any potential disputes later)
Good People to Ask as Witnesses
When choosing witnesses, look for neutral, trustworthy adults who aren’t mentioned in your will. Good options might include:
- Neighbours
- Family friends (as long as they’re not beneficiaries)
- Work colleagues but not people who work for you
- Professionals such as your accountant or your GP (though be aware they may charge a fee)
Who Shouldn’t Witness Your Will
It’s just as important to know who not to ask:
- Anyone named in your will
- The spouse or civil partner of anyone named in your will
- Close family members (even if they’re not beneficiaries — to avoid any appearance of pressure or conflict)
- Anyone under 18 (or under your country’s legal age of adulthood)
What If Your Will Arrives by Post?
If your will is delivered by post and you need to sign it at home:
1. Arrange for two suitable people (following the guidelines above) to be physically present at the same time.
2. Sign the will in front of both witnesses.
3. Then, each witness must sign the will too — in your presence and in each other’s presence.
Important:
Your witnesses don’t need to know what’s in your will. Their role is simply to watch you sign it voluntarily and confirm you appeared to be of sound mind when you did.
Final Thoughts
Having the right witnesses is a small but crucial step in making sure your will is valid and your wishes are respected. By following these simple guidelines, you can avoid common pitfalls and give yourself and your loved ones peace of mind.