Can a beneficiary witness a will?
A beneficiary can physically witness a will, and the will stays valid — but under section 15 of the Wills Act 1837 they forfeit any gift left to them in that will. The same rule catches the spouse or civil partner of a beneficiary. So while it does not break the will, it destroys the witness's inheritance. Always use two independent witnesses who receive nothing.
Detailed explanation
A valid will in England and Wales must be signed by the person making it and witnessed by two people who are present at the same time and then sign themselves (section 9, Wills Act 1837). The law is strict about who those witnesses should be.
Under section 15, if a witness — or the husband, wife or civil partner of a witness — is also a beneficiary, the will remains valid but the gift to that beneficiary is void. The reasoning is to prevent someone with an interest in the will from influencing or vouching for its signing. The penalty falls only on the witnessing beneficiary's gift; everything else in the will, including gifts to other people, is unaffected.
This trap catches people surprisingly often, especially with homemade wills signed hastily with family present. A spouse who witnesses while their husband is left a gift can wipe out that gift entirely. The safe approach is simple: choose two independent witnesses — adults who are not beneficiaries and are not married to or in a civil partnership with a beneficiary. Neighbours, colleagues or friends who take nothing under the will are ideal.
Note that an executor who is not also a beneficiary may witness the will without any problem. The restriction is about benefiting, not about being named in the will.
Helen signs her will leaving £20,000 to her friend Carol. Carol and Carol's husband act as the two witnesses. The will is valid, but because Carol witnessed it, section 15 cancels her £20,000 gift — and it would have done the same if only her husband had witnessed. Had two neutral neighbours witnessed instead, Carol would have kept her inheritance.
Sources
- Wills Act 1837, sections 9 and 15 — legislation.gov.uk
- GOV.UK — Make a will: signing and witnessing your will
- Citizens Advice — Wills
- Reviewed by
- Michael Smith, Estate Planning Specialist
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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