Introduction
A will is only valid if it meets the legal requirements set out under UK law. While a Legal Will Kit makes the process of drafting your will simple and affordable, the most important step is ensuring that it is signed and witnessed correctly. Without proper execution, even the most carefully written will may be declared invalid, leaving your estate subject to intestacy rules.
This article explains, in detail, how to correctly sign and witness your will, the mistakes to avoid, and why this stage is the most crucial part of using a UK Will kit.
Why Signing and Witnessing Matters
The law requires strict compliance with signing and witnessing rules to ensure a will is genuine and free from fraud or undue influence. Correct execution:
- Confirms the document is legally binding.
- Provides evidence that you intended the will to reflect your wishes.
- Prevents disputes among beneficiaries.
- Ensures courts can grant probate without delays.
Even if you use a Post office Will kit or an online template, your will won’t be enforceable unless executed correctly.
Legal Requirements for Signing a Will in the UK
To be valid under UK law, a will must meet the following conditions:
- You must be 18 years or older and of sound mind.
- The will must be in writing.
- It must be signed by you (the testator).
- The signing must be witnessed by two independent adults.
- Witnesses must be present together at the time of signing.
- Witnesses must then sign the will themselves.
Failure to follow these rules could mean the document is rejected during probate.
Step-by-Step Process for Signing and Witnessing a Legal Will Kit
1. Choose Your Witnesses Carefully
The witnesses you select play a vital role. To comply with the law, they must:
- Be over 18 years old.
- Have mental capacity to understand the act of witnessing.
- Be independent, meaning they cannot be beneficiaries of the will or married to beneficiaries.
Many people choose trusted friends, neighbours, or colleagues.
2. Prepare the Document Before Signing
Before arranging witnesses:
- Review your Legal Will Kit to ensure all sections are completed.
- Double-check names, addresses, and allocations of assets.
- Leave the signature sections blank until everyone is present together.
Once you sign, you cannot make changes without rewriting or formally amending the will.
3. Sign in Front of Both Witnesses at the Same Time
To be valid:
- You must sign the will in front of both witnesses simultaneously.
- They must see you sign with their own eyes.
- Witnesses cannot sign at different times or locations.
This requirement ensures there is no doubt that the will reflects your wishes.
4. Witnesses Must Sign in Your Presence
After you sign:
- Each witness must immediately sign the will.
- They must do so in your presence and in front of each other.
- They should also print their names, addresses, and occupations as instructed in your UK Will kit.
This creates a clear record of who witnessed the signing.
5. Date the Will Correctly
The date of signing should be added on the day the will is executed. Mistakes to avoid include:
- Forgetting to date the will.
- Using a different date than the actual day of signing.
- Having witnesses date their signatures separately from yours.
Consistency in dating prevents confusion during probate.
Common Mistakes That Invalidate Wills
Even when using a detailed Legal Will Kit, mistakes during the signing and witnessing stage can make the will invalid. The most common errors include:
- Beneficiaries acting as witnesses – This cancels their inheritance under the will.
- Only one witness present – The law requires two.
- Witnesses signing on different days – Both must sign at the same time.
- Signing without witnesses – The will has no legal effect without proper witnessing.
- Incorrect alterations after signing – Any edits must follow formal amendment rules.
Avoiding these errors ensures your will is fully enforceable.
Best Practices for Witnessing a Will
- Choose impartial witnesses with no financial interest in your estate.
- Sign in blue or black ink to ensure clarity.
- Ensure legibility when writing names and addresses of witnesses.
- Avoid digital signatures – handwritten signatures are required.
- Keep a calm, private environment when signing to prevent pressure or disputes later.
Following these practices strengthens the legal standing of your will.
Post Office Will Kit vs Online Will Kit Execution
Regardless of whether you use a Post office Will kit or an online version, the rules for signing and witnessing remain the same. The key difference is in format:
- Post office Will kit – Paper-based; you complete, sign, and store the physical document.
- Online Legal Will kits – Often printed after completion, then signed and witnessed as per legal requirements.
Neither option allows electronic witnessing; only physical signatures are legally valid in the UK.
Storage and Proof of Validity
Once your will is signed and witnessed correctly:
- Store the original in a safe but accessible location.
- Inform your executors where it is kept.
- Consider registering it with the National Will Register for added security.
This ensures your valid will is available when needed.
Updating Your Will Correctly
Life events such as marriage, divorce, or new children require updates. To maintain validity:
- Do not make handwritten changes to your signed will.
- Use a codicil (an official amendment) if making small updates.
- For major changes, create a new will using your UK Will kit.
- Ensure all updates are signed and witnessed correctly again.
Who Benefits Most From a Will Kit?
A Legal Will Kit is particularly suited for:
- Individuals with straightforward estates.
- Parents wishing to appoint guardians for children.
- Couples leaving assets to each other or their family.
- Those looking for a cost-effective alternative to solicitor services.
For complex estates or international assets, professional advice is still recommended.
Final Thoughts
Completing a Legal Will Kit is an excellent way to create a valid and affordable will. But no matter how carefully you draft your document, it only becomes legally binding if it is signed and witnessed correctly. By following the step-by-step process, choosing impartial witnesses, and avoiding common mistakes, you can ensure your will stands strong under UK law.
Whether you use an online Legal Will kit or a Post office Will kit, the key to success lies in proper execution. This small but vital step guarantees your wishes will be honoured and your loved ones protected.