What makes a will legally valid in England and Wales?

A will is legally valid in England and Wales if it’s made by someone aged 18 or over with mental capacity, written on paper, signed by the testator in the presence of two independent witnesses who then sign, and clearly shows the testator’s intentions.

Why it matters

If your will doesn’t meet these rules, the courts may ignore it and apply the rules of intestacy. That means your estate could end up with people you didn’t choose, and your wishes for guardians, gifts and executors won’t be followed.

The rules for validity in England and Wales

To ensure your will counts under English and Welsh law, follow these steps:

1. Age and capacity
   • You must be at least 18 years old.
   • You need mental capacity: understand what a will is, what you own, who you want to benefit and the effects of your decisions.
2. Written document
   • Your will must be on paper (typed or neatly handwritten).
3. Signature
   • You sign your will at the end.
   • If you can’t sign, you can direct someone else to sign on your behalf in your presence.
4. Witnesses
   • Two people, each aged 18 or over and not beneficiaries (nor spouses of beneficiaries), must watch you sign.
   • Both witnesses then sign in your presence and in each other’s presence.
5. Clear intentions
   • The wording must show that you intend this document to be your final will.

Note: Scottish wills follow a different set of rules, so this guidance applies only in England and Wales.

Common mistakes

• Partial signatures. Signing in the margin or not at the very end can cast doubt on whether the document was properly executed.
• Ineligible witnesses. If a witness is someone who benefits (or married to someone who benefits), their gift may be void.
• Incorrect signing order. Witnesses must sign after the testator and in the correct sequence; otherwise, the will can be invalid.

Next steps

1. Try our Estate Planning Health Check to see what validity requirements apply to you.
2. Complete your details in our paid online will-writing service—it guides you step by step.
3. Once you receive your will, make sure you sign it with the required witnesses and store it safely.

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