Can a Solicitor Witness a Will UK

Making a will is an important step in ensuring that your estate is distributed according to your wishes after your death. To be valid under UK law, a will must be signed and properly witnessed. Many people wonder whether a solicitor can act as a witness, especially when they have instructed a solicitor to draft the will in the first place. The answer is yes, a solicitor can witness a will, but there are certain considerations to be aware of before deciding whether it is the right option.

The Legal Requirements for Witnessing a Will

For a will to be valid in England and Wales, it must be signed by the person making it, known as the testator, in the presence of two independent witnesses. Those witnesses must also sign the will in the presence of the testator. The witnesses must be over the age of 18 and must not be beneficiaries under the will, nor the spouse or civil partner of a beneficiary. If a beneficiary or their spouse witnesses the will, they will lose their entitlement to inherit under it.

The Role of a Solicitor as a Witness

Solicitors are legally permitted to act as witnesses to wills, and it is quite common for them to do so when they are involved in drafting the document. Having a solicitor witness the will provides reassurance that the process has been carried out correctly and reduces the risk of disputes later. Solicitors are familiar with the legal formalities and ensure that signing is conducted properly. In many cases, solicitors will provide both witnesses from within their office to ensure independence and compliance with the law.

Why People Choose Solicitors as Witnesses

One of the main benefits of having a solicitor witness your will is certainty. Because the validity of a will can be challenged if the signing procedure is not followed correctly, having a professional oversee and witness the process provides peace of mind. It also helps avoid errors that could make the will invalid, such as incorrect signing order or the presence of ineligible witnesses. In addition, if the will is ever contested, the fact that a solicitor was involved may carry weight in court.

Considerations and Alternatives

While solicitors can act as witnesses, it is not essential to use one. Many people choose friends, neighbours or colleagues as witnesses, provided they are independent and not named in the will. This can be a practical and cost-effective option, especially if the will is straightforward. However, if the estate is complex or there is a possibility of disputes, using a solicitor as a witness can provide an extra layer of protection.

Conclusion

Yes, a solicitor can witness a will in the UK, and in many cases, they are ideally placed to do so because of their understanding of the legal requirements. While you can choose other independent witnesses, having a solicitor involved provides reassurance that the process has been handled correctly and may help prevent disputes in the future. For straightforward wills, non-professional witnesses may be sufficient, but for peace of mind, involving a solicitor can be the most secure option.