Can a Solicitor Witness a Will

At Lillian Purge, we specialise in SEO for Solicitors. This page explains whether a solicitor can witness a will in the UK.

Yes, a solicitor can witness a will, provided they are not also a beneficiary or married to a beneficiary named in the document. Witnessing a will may seem straightforward, but the law sets strict requirements to prevent fraud and ensure the testator’s (the person making the will) true intentions are carried out. Having a solicitor witness your will can provide reassurance that the process has been handled correctly and complies with all legal formalities.

This article explains the rules around witnessing a will, why it’s important to do it properly, and when involving a solicitor is a good idea.

What Does It Mean to Witness a Will

When a will is signed, the testator must do so in the presence of two witnesses, and both witnesses must also sign the document in the presence of the testator. The purpose of witnessing is to confirm that the testator signed voluntarily, with full understanding, and was not pressured or coerced.

A valid witness does not need to read or understand the contents of the will. Their role is simply to verify that the signing took place correctly and that the testator appeared to be of sound mind at the time.

Can a Solicitor Act as a Witness

A solicitor can act as one of the witnesses to a will, as long as they are impartial and have no personal interest in its outcome. Many people choose to have a solicitor witness their will because it provides an additional layer of professionalism and legal assurance.

In some cases, the solicitor who drafts the will may also act as a witness, particularly if they are already present when the document is being signed. However, there are a few important points to consider:

• The solicitor must not be a beneficiary or related to anyone benefiting under the will.

• The solicitor should not be the spouse or civil partner of a beneficiary.

• If the solicitor’s firm charges for will-writing services, they must ensure transparency to avoid conflicts of interest.

When these rules are followed, a solicitor’s involvement can add credibility and ensure the will’s validity is beyond question.

Why Having a Solicitor Witness a Will Is Beneficial

There are several reasons why choosing a solicitor as a witness can be advantageous.

1. Legal compliance: Solicitors understand the formal requirements for signing and witnessing a will, reducing the risk of errors.

2. Impartiality: A solicitor provides an unbiased witness, which is especially useful if family dynamics are complex or disputes are likely.

3. Record keeping: Solicitors often retain copies of the signed will and witness statements, which can help resolve future questions about authenticity.

4. Avoiding invalidation: Mistakes such as having a beneficiary act as a witness can make parts of the will invalid. A solicitor ensures this doesn’t happen.

These benefits make a solicitor’s presence particularly valuable when large estates, multiple beneficiaries, or sensitive family situations are involved.

Who Cannot Witness a Will

The law restricts who can witness a will to prevent conflicts of interest or claims of undue influence. The following people should not act as witnesses:

• Beneficiaries named in the will

• Spouses or civil partners of beneficiaries

• Anyone under the age of 18

• People who do not understand the significance of the witnessing process

If a beneficiary or their spouse witnesses the will, they do not invalidate the entire document, but their entitlement under it may be lost. That means they could legally forfeit their inheritance even if the rest of the will remains valid.

Can a Friend or Family Member Witness Instead

Yes, a will can be witnessed by friends, colleagues, or neighbours as long as they meet the legal requirements. They must be over 18, of sound mind, and not named as a beneficiary.

However, using friends or family members can sometimes lead to disputes later, particularly if the will is challenged. Involving a solicitor removes this risk and ensures impartiality.

How a Solicitor Oversees the Will-Signing Process

When a solicitor is involved in drafting or witnessing a will, they typically follow a structured process to ensure legal compliance:

1. They confirm the testator understands the will and is signing voluntarily.

2. They ensure both witnesses are present at the same time as the testator.

3. They oversee the proper signing order testator first, witnesses next.

4. They check that all pages are initialled if necessary and that the document is dated.

This attention to detail helps avoid the technical errors that commonly invalidate wills.

What Happens If a Will Is Not Properly Witnessed

A will that is not correctly witnessed is usually invalid. This means your estate could be distributed under intestacy laws instead of according to your wishes. In such cases, relatives who were never intended to benefit might inherit, and intended beneficiaries could receive nothing.

Even if an improperly witnessed will is accepted by a court, it can delay probate and increase legal costs. Having a solicitor present when signing greatly reduces these risks.

Is It Necessary to Have a Solicitor Witness a Will

While it’s not a legal requirement to have a solicitor witness your will, it’s highly advisable, particularly if your estate is complex or family circumstances are sensitive. For simple wills, you can use independent witnesses, but professional oversight ensures everything is done correctly.

For people with business interests, property abroad, or blended families, professional involvement provides valuable legal protection and clarity.

Final Thoughts

A solicitor can absolutely witness a will, and in many cases, doing so is the best way to ensure your wishes are respected after your death. While you can ask any independent adult to witness your will, involving a solicitor guarantees the process is legally compliant, impartial, and properly recorded.

At Lillian Purge, we help solicitors enhance their online visibility so that individuals searching for professional will-writing and estate planning support can find their services easily. Through strong SEO strategies and high-quality content, we make it easier for law firms to connect with clients seeking expert legal advice.

Also see can a buyer and seller use the same solicitor and can i change my will without a solicitor. More resources are available in our Solicitors Hub.