How to sign a will under the Wills Act 1837

Section 9 of the Wills Act 1837 governs how a will must be signed in England & Wales. It has not changed in any meaningful way since it was passed (a temporary provision for video-witnessed wills between January 2020 and January 2024 has now expired). The rules are short, but very strict — wills routinely fail at probate because one of them was overlooked.

Rule 1: It must be in writing

An oral will is not valid. The will must be a physical document. Velati produces a printable PDF; you print it on standard A4 paper and sign the printed copy. We do not produce electronic-only wills.

Rule 2: It must be signed by you

You — the testator — must sign the document. If you are physically unable to sign, the Act allows another person to sign in your presence and at your direction (s.9(1)(a)). The signing pack covers this case explicitly. Either way, the signature must be made with the intention that it gives effect to the will. The signature line on a Velati will sits directly under the attestation block, which records that intention in writing.

Rule 3: Two adult witnesses, in the same room as you, at the same time

This is the rule most likely to be missed. Both witnesses must be physically present with you when you sign (or when you acknowledge a signature you made earlier). Both witnesses must be present at the same time as each other. A witness over the phone, on video, or signing later in a different room invalidates the will.

Each witness must be of sound mind and capable of understanding what they are witnessing — they do not have to know you, do not have to be British citizens, and do not have to read the contents of the will. The Wills Act does not set a strict minimum age, but the long-standing convention (followed by every solicitor we know and required by Velati's signing pack) is to use witnesses aged 18 or over: a minor's competence is too easily disputed at probate. Use adult, sober, lucid witnesses.

Rule 4: Witnesses (and their spouses or civil partners) cannot be beneficiaries

Section 15 of the Act says a gift to an attesting witness — or to that witness's spouse or civil partner — is void, although the rest of the will stands. This is the most common reason DIY wills partially fail. If you have left £1,000 to your sister, and your sister's husband signs as a witness, the £1,000 gift fails. The rest of the will still works. Velati screens for this automatically: the witness-selection step compares every named beneficiary against your witness candidates and warns you before you sign.

Rule 5: After you sign, each witness signs in your presence

Each witness must then sign the will (or acknowledge their earlier signature) in your presence. They do not need to be in each other's presence at this point, but they must each be in yours. The signing pack scripts the order: you sign first, then witness one signs while you watch, then witness two signs while you watch.

What to do with the will after signing

Keep the original somewhere safe — a fireproof box at home, with a solicitor, or with HMCTS (the courts) under their will-storage service. Do not staple, paper-clip or attach anything to the original; any extraneous mark or attachment can raise questions at probate. Tell your executors where the will is kept, and consider noting it on the National Will Register so it can be found.

If you ever want to change the will, do not write on it (s.21 — handwritten alterations are ineffective unless signed and witnessed in the same way as the will itself). Make a new will instead. Velati's update flow handles this with an explicit revocation clause, and the signing pack tells you to physically destroy the original of the old will once the new one is signed.