July 7, 2025
When making a will, one of the most important steps is making sure it’s correctly signed and witnessed. At Bates Wells & Braithwaite, a long-established firm of solicitors in Ipswich, this is something we’re often asked about. One common question is: Can a solicitor act as a witness to a will?
The short answer is yes, but there are a few key rules to follow.
The legal requirements for making a will
To be valid in England and Wales, a will must be:
- made in writing
- signed by the person making the will (the testator)
- signed in the presence of two independent witnesses, who also sign the document in the presence of the testator
There is nothing in the law that prevents a solicitor from being one of those witnesses, provided they are not named in the will and have no personal interest in it.
Who can act as a witness for a will?
The most important rule is that witnesses must be independent. That means they must not benefit from the will and must not be married to or in a civil partnership with anyone who does. If they are, any gift to them could be considered invalid, even if the rest of the will is still legally sound.
As trusted solicitors in Ipswich, we often act as independent witnesses for clients who choose to sign their wills in our office. We always ensure the correct procedures are followed so that your will is valid and stands up to scrutiny if challenged in future.
Why have your solicitor witness your will?
There are several advantages to having a solicitor, or a member of their team, witness your will:
- It’s convenient – if you’re visiting our Ipswich office to finalise your will, we can provide suitable witnesses on the day
- It gives you peace of mind – everything is signed correctly and in line with legal requirements
- It avoids mistakes – simple errors in the witnessing process can lead to problems later on, or even make your will invalid
In summary
Yes, a solicitor can witness your will, as long as they’re not a beneficiary. At Bates Wells & Braithwaite, our private client team regularly helps individuals and families across Ipswich and the surrounding area to prepare and execute their wills with care and attention to detail.
If you’re looking for experienced solicitors in Ipswich to guide you through the process of making a will, we’re here to help. Get in touch with our team to book a confidential appointment or ask any questions.