ABSTRACT

Signing your will is one thing you can’t do on your own. You need two adult, independent witnesses who are not: beneficiaries or their spouses or partners; members of your family; under 18 (under 16 in Scotland); blind; mentally incapable. Until very recently, your executors and their spouses could not witness your will. They can now do so-provided they do not benefit under it. Our preference remains that executors and trustees, and their spouses and partners, should not act as witnesses because they are not fully independent.