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Wills - Number of Witness Signatures

I understand that wills should have 2 witness signatures. If you only have one is the will still valid?

Thanks
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  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
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    no ...............................
  • SailorSam
    SailorSam Posts: 22,754 Forumite
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    Anyone can be a witness, all they are really witnessing is your signature, they don't read the Will. So you can fold the paper and say will you just sign to say you saw me sign this, it could be someone from work; your next-door neighbour or someone you dragged in off the street. I think the only people it can't be is someone who is a beneficially of the Will.
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  • SnowMan
    SnowMan Posts: 3,772 Forumite
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    I understand that wills should have 2 witness signatures. If you only have one is the will still valid?

    Thanks

    Has to be signed by the two witnesses, in the presence of the person making the will, after it has been signed, for it to be valid. See here for the main requirements for a valid will

    http://www.adviceguide.org.uk/index/your_family/family/wills.htm#foravalidwill
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  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    SailorSam wrote: »
    Anyone can be a witness, all they are really witnessing is your signature, they don't read the Will. So you can fold the paper and say will you just sign to say you saw me sign this, it could be someone from work; your next-door neighbour or someone you dragged in off the street. I think the only people it can't be is someone who is a beneficially of the Will.

    Or the husband/wife/partner of a beneficiary.
  • Torry_Quine
    Torry_Quine Posts: 18,887 Forumite
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    You only need one signature in Scotland though.
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  • If you have it signed, with only one witness, then simply getting another is not enough. You will have to assemble two people, again, at the same time and get them both to watch you sign it, and then sign it themselves.
  • localhero
    localhero Posts: 834 Forumite
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    edited 22 January 2011 at 6:15PM
    If you have it signed, with only one witness, then simply getting another is not enough. You will have to assemble two people, again, at the same time and get them both to watch you sign it, and then sign it themselves.

    That is not strictly correct.

    If a will is signed in the presence of one witness it is invalid.

    If a will is signed in the presence of two witnesses each on different occasions it is invalid.

    If a will is signed in the presence of two witnesses each on different occasions, but the testator (person making the will) then calls both witnesses together and then acknowledges his signature on the will the will becomes valid.

    Not something I would particularly recommend doing, but that is the legal position.
    [FONT=&quot]Public wealth warning![/FONT][FONT=&quot] It's not compulsory for solicitors or Willwriters to pass an exam in writing Wills - probably the most important thing you’ll ever sign.[/FONT]

    [FONT=&quot]Membership of the Institute of Professional Willwriters is acquired by passing an entrance exam and complying with an OFT endorsed code of practice, and I declare myself a member.[/FONT]
  • I understand that wills should have 2 witness signatures. If you only have one is the will still valid?

    What are the consequences of having a will with just one witness signature? i.e could the will be contested?
  • localhero
    localhero Posts: 834 Forumite
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    The answer is in post 8.

    Have a read of it...
    [FONT=&quot]Public wealth warning![/FONT][FONT=&quot] It's not compulsory for solicitors or Willwriters to pass an exam in writing Wills - probably the most important thing you’ll ever sign.[/FONT]

    [FONT=&quot]Membership of the Institute of Professional Willwriters is acquired by passing an entrance exam and complying with an OFT endorsed code of practice, and I declare myself a member.[/FONT]
  • localhero wrote: »
    The answer is in post 8.

    Have a read of it...

    I did read your reply a couple of times. I suppose you are saying it's just a worthless piece of paper.
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