What makes a will valid in the UK?
Under section 9 of the Wills Act 1837, a will in England and Wales is valid if it is in writing, made by someone aged 18 or over with mental capacity, who signs it intending to give effect to it, and whose signature is witnessed by two independent people present at the same time. Beneficiaries (and their spouses) must not act as witnesses.
Detailed explanation
Get these elements right and the will stands; get one wrong and it can be invalid, sending the estate to intestacy.
The validity requirements
- In writing — typed or handwritten (electronic/video wills are not yet valid).
- Capacity — you understand what a will is, your assets, and who has claims (the Banks v Goodfellow test).
- Age — 18 or over (limited military exceptions aside).
- Intention — you intend the document to be your will and know and approve its contents.
- Signature — signed by you (or by someone in your presence at your direction).
- Witnesses — two, both present when you sign, who then sign too; not beneficiaries or their spouses.
David types his will, signs it at his kitchen table with two neighbours watching, and they both sign as witnesses. Neither neighbour benefits under the will. All the section 9 requirements are met, so the will is valid.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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