How many witnesses does a will need in the UK?

Two in England, Wales and Northern Ireland, one in Scotland. Section 9 of the Wills Act 1837 requires the testator's signature to be made or acknowledged in the presence of two or more witnesses present at the same time, each of whom then attests and signs the will or acknowledges his signature in the testator's presence. The 1837 Act does not extend to Scotland, where section 3 of the Requirements of Writing (Scotland) Act 1995 makes a subscribed will self-proving where a single witness has signed and the document states that witness's name and address.

Can a beneficiary witness a will?

They can, but they lose the gift. Section 15 of the Wills Act 1837 provides that where a beneficial devise, legacy, estate, interest, gift or appointment is given to a person attesting the execution of the will or to that person's spouse, it is utterly null and void so far as concerns that person, the spouse, or anyone claiming under them. The will itself stays valid and the attestation still counts.

Can someone be disinherited in Scotland?

Not as regards moveable property. Scottish Government guidance states that a surviving spouse or civil partner and children are entitled to legal rights out of the moveable estate, being one third where the deceased left children or their descendants and one half where not, and that heritable estate covering land and buildings is not subject to legal rights. Someone entitled under both a will and legal rights must choose between them rather than take both.

Last Will and Testament in the UK

Two formal codes apply across the UK. In England, Wales and Northern Ireland a will must satisfy section 9 of the Wills Act 1837: writing, signature, and two witnesses present at the same time. Scotland sits outside that Act and needs only subscription plus one named witness to be self-proving, and it gives a surviving spouse and children legal rights in the moveable estate.

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Governing law

The Wills Act 1837 governs the formal validity of wills in England, Wales and Northern Ireland. In Scotland formal validity is governed by the Requirements of Writing (Scotland) Act 1995.

Wills Act 1837, s.9

What a last will and testament has to contain in the UK

A will is valid only if it is in writing and signed by the testator or by another in his presence and by his direction, it appears the testator intended by his signature to give effect to the will, the signature is made or acknowledged before two or more witnesses present at the same time, and each witness attests and signs or acknowledges his signature in the testator's presence. The section extends to England, Wales and Northern Ireland.
Wills Act 1837, s.9
A beneficial gift to a person who attests the will, or to that person's spouse, is utterly null and void so far as concerns that witness, that spouse or anyone claiming under them. The will itself remains valid.
Wills Act 1837, s.15
A will is revoked by the testator's marriage, unless it appears from the will that the testator expected to marry a particular person and intended that the will should not be revoked by that marriage. The section extends to England, Wales and Northern Ireland.
Wills Act 1837, s.18
In Scotland writing is required for the making of any will, testamentary trust disposition and settlement or codicil.
Requirements of Writing (Scotland) Act 1995, s.1(2)(c)
A Scottish will is presumed to have been subscribed by the granter, and so is self-proving, where it bears to have been signed by one person as a witness of the granter's subscription and the document or its testing clause states the name and address of that witness.
Requirements of Writing (Scotland) Act 1995, s.3
In Scotland a surviving spouse or civil partner and children take legal rights out of the moveable estate: one third where the deceased left children or their descendants, one half where not. Heritable estate, meaning land and buildings, is not subject to legal rights.
Scottish Government, What to do after a death in Scotland, ch. 20 Legal rights

Form, notarisation and registration

Video witnessing is no longer available. The temporary provision treating presence as including presence by videoconference or other visual transmission applied only to wills made between 31 January 2020 and 31 January 2024.
Wills Act 1837, s.9

What catches drafters out

Letting a beneficiary or a beneficiary's spouse witness the will. Section 15 makes the gift utterly null and void, though the will remains formally valid.
Wills Act 1837, s.15
Marrying after making a will. In England, Wales and Northern Ireland the marriage revokes the will unless it appears from the will that the testator expected to marry a particular person and intended the will not to be revoked by that marriage.
Wills Act 1837, s.18
Assuming a Scottish testator can freely disinherit. A beneficiary entitled both under a will and to legal rights cannot take both and must choose between them.
Scottish Government, What to do after a death in Scotland, ch. 23 Where the person left a will