Can a beneficiary witness my will?

No. If someone who benefits under your will (or their spouse/civil partner) acts as a witness, any gift to them may be invalid.

Why it matters

Having a beneficiary as a witness can unintentionally void the gift you intended for them. The court may treat that gift as if it never existed, and the beneficiary could miss out on what you wanted them to receive.

Who counts as a beneficiary

• Direct beneficiaries: People named to receive money, property or personal items.
• Indirect beneficiaries: Spouses or civil partners of direct beneficiaries.

What happens if they witness

• Gift void on that share: Any gift to that witness is invalid and treated as if it never formed part of your estate.
• Rest follows intestacy rules: That portion may pass according to intestacy, potentially going to other relatives you didn’t choose.

Best practice

1. Choose independent witnesses: Always select two adults with no stake in your will.
2. Check eligibility: Quick spot-check: “Am I giving them anything?” If yes, don’t use them.
3. Document clearly: Our online service flags potential conflicts as you draft.

Next steps

1. Try our Estate Planning Health Check to spot any witness conflicts.
2. Complete your details in our paid online will-writing service—it guides you through eligible witness selection.
3. Once you receive your will, sign it with two independent witnesses and store it safely.

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