What are the requirements for a valid will in England and Wales?

What the Law Says

The formal validity of wills in England and Wales is governed by the Wills Act 1837. Section 9 sets out strict requirements that must all be met — failure in any one element can render the will invalid.

To be valid, a will must be made by a person aged 18 or over (with limited exceptions for soldiers on active service or mariners at sea). It must be in writing — oral or electronic wills are not accepted.

The testator must sign the will, or acknowledge their signature in the presence of two witnesses. Alternatively, someone else may sign on their behalf, but only if the testator is present and directs them to do so.

Both witnesses must be present together at the same time when the testator signs or acknowledges the signature. They must then each sign the will in the testator’s presence. Witnesses must be independent — beneficiaries or their spouses cannot witness, as this voids their gift (though the will itself remains valid).

Statutory Text

No will shall be valid unless it shall be in writing, and executed in manner hereinafter mentioned; that is to say, it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and such witnesses shall attest and subscribe the will in the presence of the testator.

— Wills Act 1837, s. 9 — Execution of wills

What to Do

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