Requirements for an adequately witnessed will

David_Watts2

From a quick trawl of the internet, the old school approach is that a witness needs to sign the will and write their name, address and occupation while the more up to date take is that they don't need to literally sign (i.e. "autograph") it nor provide their occupation, just clearly write their name and address so they can be contacted, if needed, to confirm what they witnessed.
My solicitor (very much old school) has drafted my will and sent it to me for me to sign it in front of witnesses. They have stated that "such persons should sign their signatures together with their name, address and occupation" but left so little space that doing so will be challenging!
Any views (perhaps from those with recent experience of using a more modern firm) on the notion of the witnesses simply clearly writing their names and addresses, i.e. dispensing with one or both of their signature and occupation?

Mojisola

David_Watts2 said:

From a quick trawl of the internet, the old school approach is that a witness needs to sign the will and write their name, address and occupation while the more up to date take is that they don't need to literally sign (i.e. "autograph") it nor provide their occupation, just clearly write their name and address so they can be contacted, if needed, to confirm what they witnessed.
My solicitor (very much old school) has drafted my will and sent it to me for me to sign it in front of witnesses. They have stated that "such persons should sign their signatures together with their name, address and occupation" but left so little space that doing so will be challenging!
Any views (perhaps from those with recent experience of using a more modern firm) on the notion of the witnesses simply clearly writing their names and addresses, i.e. dispensing with one or both of their signature and occupation?

Contact the solicitor and ask for another copy that gives enough room for the witnesses to write their info.

The witnesses have to sign the paperwork or your will won't be valid and you'll have wasted your money.

naedanger

I would ask the solicitor to reprint the form leaving sufficient space for everything including usual signatures. I wouldn't risk compromising such an essential feature.

Mojisola

David_Watts2 said:

From a quick trawl of the internet, the old school approach is that a witness needs to sign the will and write their name, address and occupation while the more up to date take is that they don't need to literally sign (i.e. "autograph") it nor provide their occupation, just clearly write their name and address so they can be contacted, if needed, to confirm what they witnessed.

Where have you seen this?

getmore4less

The requirements are quite broad and the testator and witnesses do not have to sign in the same session, with the new rules allowing alternatives like video it is going to get easier. 

Mojisola

getmore4less said:

The requirements are quite broad and the testator and witnesses do not have to sign in the same session, with the new rules allowing alternatives like video it is going to get easier. 

But they do have to sign that they witnessed the testator signing the will, not just put their name and address.

Dox

David_Watts2 said:

Any views (perhaps from those with recent experience of using a more modern firm) on the notion of the witnesses simply clearly writing their names and addresses, i.e. dispensing with one or both of their signature and occupation?

Yes; the will won't be valid. Simple explanation of requirements: https://www.gov.uk/make-will/make-sure-your-will-is-legal

David_Watts2

Mojisola said:

David_Watts2 said:

From a quick trawl of the internet, the old school approach is that a witness needs to sign the will and write their name, address and occupation while the more up to date take is that they don't need to literally sign (i.e. "autograph") it nor provide their occupation, just clearly write their name and address so they can be contacted, if needed, to confirm what they witnessed.

Where have you seen this?

I had a free will template that had boxes for the witnesses to complete that just required them to write their names and addresses but no suggestion of an actual signature required. I found this guidance (see the paragraph headed "witnessing a will").
https://www.netlawman.co.uk/ia/sign-will

Also this reference to a court ruling which states that "The requirement to “sign” the will did not mean that a “signature” was required in the sense of an identifiable and unique personal mark. It is sufficient for witnesses to merely write their name with the intention that the act of writing it should operate as an attestation."
https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/sign-on-the-dotted-line-does-a-will-need-a-witness-signature-to-be-valid

David_Watts2

Thanks for the replies so far, with the focus on the signature. What about the occupation? I can't see any valid reason for this being required. They could be a stockbroker at the time of witnessing the will but an exotic dancer by the time of any follow up!

blobbyrob

I have just had my draft will back from the Co-op for me to sign and get witnessed. See image to give you some idea of what may be required.
It also states the following in the accompanying letter " Please note that failure to sign your Will in accordance with the enclosed instructions may render the document invalid and result in the document being disregarded in the event of your death"  

blobbyrob

This might also be of help.