The signing involves 3 people including 2 witnesses:
• The person signing the Will (usually you)
• 2 Witnesses
The person signing must be present throughout the process.
A Witness must be:
• Over 18
• Someone who is not an Executor or a Beneficiary of the Will
• Unrelated to you or to anyone mentioned in the Will either by blood or marriage
• Able to see (not blind)
That all sounds very simple but it’s an area of the Will Writing process that many people get wrong, they have all sorts of pre-conceived ideas about having to have a professional as the witness to their wills and all sorts of other weird and wonderful proposals.
I recommend that the witnesses are as described above and that good choices are often people that you work with or neighbours, as long as they fit the criteria mentioned at the top. Over 18, not an Executor or beneficiary, unrelated to you or anyone mentioned in the will and not blind.
Why not blind? Quite simply because they actually need to witness the signature occurring and that can only be done if they are watching it with their own eyes.
I’ve been a long time waiting for the “digital signature” to be allowed, as yet it isn’t, but I’m hopeful that, in time, the legal fraternity will see sense and legalise a way that this can be done. After all, so many other important documents and transactions can be authorised by some form of digital signature or other.
The signing of a will is also called, in legal circles, the attestation, it means the same thing and in your will the section where you sign is called the Attestation clause.
When you use our postal service to have your will delivered to you then it will arrive with full signing instructions that need to be followed carefully.