Can a will be valid without witness signatures?

For a will to be valid, it must be signed by the testator (the person making the will), and their signature must be made or acknowledged in the presence of two witnesses. The witnesses must be present at the same time, and must also attest and sign the will.

In the case of Payne v Payne, the Court of Appeal considered the validity of a will where the two witnesses had written their names in block capitals, rather than “signing” in the commonly accepted sense of making an identifiable, unique personal mark.

Initially, the judge decided that the will had not been properly attested and was invalid. However, the Court of Appeal decided that a “signature” in the commonly accepted sense was not required, and that it was sufficient for the witnesses simply to write their names with the intention of attesting the will. Therefore, the will was declared to be valid.

It is important to use a solicitor when creating a will to ensure it is correct and valid should it ever be challenged.

If you have any questions relating to this article, please contact Stuart Duckett or a member of our wills, trusts and probate team on 01244 312166 or email [email protected]