UKA witness to the will was also a beneficiary. Is the gift valid?
No, the gift to a witness who is also a beneficiary is void under the Wills Act 1837.
What the Law Says
The Wills Act 1837 sets strict formal requirements for valid wills in England and Wales — including rules about who may witness a will and what happens if a witness also benefits.
Section 15 of the Wills Act 1837 states that any gift made to a person who witnesses the will — or to their spouse or civil partner — is void. This rule applies even if the will itself is otherwise valid and properly executed.
The purpose is to prevent fraud or undue influence: a witness with a financial interest could be tempted to pressure the testator or misrepresent the signing process.
Importantly, the disqualification applies only to the gift — not the entire will. The rest of the will remains valid unless other defects exist.
Statutory TextIf any person who attests the execution of a will shall be interested in such will, the will shall not on that account be invalid, but the gift to such person shall be void.
— Wills Act 1837, s. 15 — Gifts to witnesses
What to Do
Check whether the witness was also named as a beneficiary (or their spouse/civil partner was).
If yes, that specific gift fails — it passes as if the beneficiary had predeceased the testator (intestate or under residuary clause, depending on wording).
Consider applying to court for rectification or construction if ambiguity exists — though s.15 is strictly applied and rarely overridden.
For future wills, ensure witnesses are wholly independent (not beneficiaries, spouses, or civil partners of beneficiaries).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.