Wills testaments (UK)

What this check covers

A will or testament is a formal document executed by a testator to direct the distribution of their estate upon death, and in the United Kingdom it is governed primarily by the Wills Act 1837 (WA1837), which sets out the essential validity requirements. Under WA1837 s.9, a valid will must be in writing, signed by the testator (or by another in their presence and at their direction), and the signature must be made or acknowledged in the presence of at least two witnesses who then attest the will. The Act also permits remote witnessing via videoconference for wills executed between 31 January 2020 and 31 January 2024, reflecting temporary legislative adjustments in response to public health measures. A testament may also encompass broader declarations of testamentary intention, though these are typically formalised through a will. Codicils operate as amendments to existing wills and must satisfy the same execution formalities as the original instrument to be valid.

Key legal requirements

• The will must be in writing and signed by the testator or by someone else in their presence and at their direction (WA1837 s.9).
• The testator’s signature must be made or acknowledged in the presence of at least two witnesses who are present at the same time (WA1837 s.9).
• Each witness must attest and sign the will (or acknowledge their signature) in the presence of the testator, though not necessarily in the presence of the other witness (WA1837 s.9).
• No person who stands to benefit under the will, or their spouse or civil partner, may act as a witness to the execution of the will, as this would invalidate any gift to them (WA1837 s.15).
• Where a codicil is used to amend a will, it must comply with the same execution formalities as the original will (WA1837 s.9).
• The document must demonstrate the testator’s intention to give effect to the will through their signature, and this intention must be clear on the face of the instrument.

Why this matters

Failure to comply with the formalities set out in the Wills Act 1837 (WA1837) can render a will or codicil invalid, leading to the estate being distributed under the rules of intestacy rather than in accordance with the testator’s wishes. This can result in unintended beneficiaries inheriting or intended beneficiaries being excluded, creating significant disputes among family members and potential litigation. For example, if a witness is also a beneficiary, the gift to that person is void under WA1837 s.15, which may distort the testator’s intended distribution. Ambiguities in the execution process, such as unclear witnessing or remote attestation outside the permitted period, can also lead to challenges to the will’s validity in probate proceedings. Under the Human Rights Act 1998 (HRA1998), courts may scrutinise whether testamentary decisions engage fundamental rights, particularly where capacity or undue influence is alleged, and poor documentation or irregularities can exacerbate such claims. Additionally, unclear or informal testamentary documents may give rise to costly estate administration disputes, delays in probate, and increased legal costs for executors and beneficiaries. In the United Kingdom, where testamentary freedom is a cornerstone of succession law, strict adherence to formalities ensures that the testator’s intentions are respected and reduces the risk of litigation that can burden estates and families alike.

Next step with VetroCheck

Use the Codicil Amendment agent if you want a structured review of the relevant documents and supporting record.

Related reading

• Executor Removal Check (UK)
• Estate Administration Check (UK)

Compliance note

This glossary content is provided for informational and educational purposes only. It does not constitute formal legal advice, does not create a solicitor-client relationship, and should be checked against current legislation, official guidance, and the facts of the specific case.

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