Estate planning is important especially if you want to ensure everything is in order and the pressure of managing your assets is taken away from your family.
Wills are one of, if not the most, important elements of your estate. It clarifies what you want to happen and what your beneficiaries will inherit.
During the creation or updating phase of your Will, you need two witnesses to watch and sign the Will at the same time otherwise your Will won’t be legally valid.
Who can witness and sign my Will?
For your Will to be legally binding, you need to have two independent adults over the age of 18 to sign the Will at the same time as you.
Your witnesses cannot be beneficiaries in your estate or the partner of any beneficiary included in your estate.
This means you need to find independent people who have no connection to your Will or estate.
You can ask friends who are not included in your estate, you can also ask any neighbours or colleagues, as well as professionals like solicitors.
How does the witnessing process work?
You and your witnesses will need to sign your Will. This ensures your Will is legal and clarifies its authenticity.
Your witnesses must watch you sign first. Once you have signed, you can watch your witnesses, then sign your Will one by one. You all need to be in the same place when this process happens.
The witnesses will be asked to write their full name, address and their job role before providing their signature. Once complete, the Will must be dated so it clarifies this is your most up-to-date Will and officially makes it legally binding.
The process can also be done remotely through digital calls and conferences if you cannot physically be in the same place but this only applies in England and Wales.
Why do you need witnesses?
Witnesses validate and legalise your Will. Having this means your Will is authentic and is less likely to face dispute or challenges from family or friends.
However, if the worst does happen and your Will is contested, the fact that your Will has been witnessed and signed is important evidence, adding further assurance to its position.
In addition to this, it also significantly reduces the risk of potential fraud because your Will is protected.
Make sure your Will is witnessed and signed
It is your legal responsibility to ensure your Will is witnessed and signed because, without this, your Will is invalid and can lead to problems further down the line.
The Palmers Law team across our Essex offices is on standby to provide expert estate planning and Wills advice. We can act as independent witnesses if required, as well as help you create and update your Will. For all estate planning and Will queries, contact our expert team today.
