Many people choose to write a homemade will because it feels straightforward and affordable. The difficulty is that English and Welsh law is strict about how a will must be signed and witnessed. A document that looks clear and carefully thought through can still fail if the formalities are not followed. Families then face delay, uncertainty and, in some cases, a distribution of the estate that the person who died never intended.
This guide explains the basic execution requirements for a valid will, the witnessing mistakes that most often cause problems, the evidential issues that arise after death, and what happens when a document does not qualify as a valid will. It is written for people who have already made a homemade will, executors who have found one among the papers of someone who has died, and anyone weighing up whether a DIY approach is worth the risk.
Nothing here is a substitute for advice on your own circumstances. Will validity turns on the facts of each case, and small details about how the document was signed can matter a great deal.
What makes a will valid under English and Welsh law?
For most adults, a will must meet the formal requirements in the Wills Act 1837. In simple terms, the will must be in writing, and it must be signed by the person making it (the testator) in the presence of two witnesses who are both present at the same time. Those witnesses must then sign the will in the presence of the testator.
The testator must also have the mental capacity to make a will, know and approve the contents, and not be subject to undue influence. Homemade wills often attract closer scrutiny on capacity and knowledge and approval, particularly where the wording is unusual, the gifts are surprising, or the person who prepared the document stood to benefit.
A homemade will is not automatically invalid. Plenty of carefully prepared DIY documents have been admitted to probate. The risk is that informal drafting and informal signing create openings for challenge, and that a single witnessing error can prevent the document from being treated as a will at all.
Common witnessing mistakes with homemade wills
Witnessing errors are among the most frequent reasons homemade wills fail or become contested. The law is not looking for a casual acknowledgement that the document exists. It requires a specific process.
One common mistake is using only one witness. A single signature, however honest the witness, does not satisfy the statutory requirement for two witnesses present together.
Another is signing in stages. The testator may sign in front of one person, then later ask a second person to add their name. If both witnesses were not present at the same time when the testator signed (or acknowledged their signature), the will is at risk.
Beneficiaries sometimes act as witnesses. A gift to a witness, or to the spouse or civil partner of a witness, is generally void even if the rest of the will stands. Families are often shocked to discover that a large gift fails because the person who was meant to receive it also signed as a witness.
Remote or informal witnessing creates further problems. A neighbour who glances at a signature through a window, or who is asked to sign later because they were not in the room, may not meet the legal standard. Video witnessing was permitted for a limited period during the Covid-19 pandemic under temporary rules, but those rules no longer apply in the same way, and older homemade documents signed under unusual arrangements need careful checking.
Illegible or incomplete attestation can also cause difficulty. If it is unclear who the witnesses were, whether they saw the testator sign, or whether they intended to attest the will, the Probate Registry or a court may need further evidence before accepting the document.
Evidential problems after death
When someone dies, the people dealing with the estate must prove the will. If the document looks regular on its face, probate may proceed relatively smoothly. Homemade wills often do not look regular. Missing dates, crossed-out gifts, unclear amendments, and poorly drafted attestation clauses all invite questions.
If a witness is still alive, they may need to give a statement about how the will was signed. That can be awkward if years have passed, memories are incomplete, or the witnesses disagree about who was in the room. If both witnesses have died, proving due execution becomes harder still.
Suspicious circumstances raise the evidential burden further. Examples include a will prepared by a major beneficiary, a sudden change that cuts out close family, or a document signed when the testator was seriously ill. In those situations, the court may require stronger proof that the person understood and approved what they were signing.
Amendments create a separate layer of risk. People often write notes in the margin, tippex gifts, or staple new pages into an old will. Without proper formalities, those changes may be ineffective, and they can cast doubt on the whole document.
What happens if the document is not a valid will?
If a homemade document fails to meet the execution requirements, it may not be admitted to probate. The estate is then usually distributed under an earlier valid will, if one exists, or under the intestacy rules if there is no earlier will.
Intestacy can produce outcomes that feel deeply unfair. Unmarried partners, stepchildren and close friends often receive nothing. Assets may pass to relatives the deceased had little contact with. Property may need to be sold in ways the family never planned for.
Even where part of a will is valid, individual gifts can fail. A gift to a witness may fall away. A gift that cannot be identified because the wording is unclear may also fail. Partial failure can leave some people provided for and others unexpectedly excluded.
Disputes about homemade wills can become expensive. Costs may come out of the estate, reducing what beneficiaries ultimately receive. That is one reason solicitors often urge people to take advice before relying on a DIY template, especially where family circumstances are complicated, the estate includes a business or property abroad, or there is any risk of disagreement.
Practical steps if you are worried about a homemade will
If you have already made a homemade will, do not assume it is fine simply because it has been stored carefully. Check whether two independent adults witnessed your signature at the same time, whether either witness (or their spouse or civil partner) receives a gift, and whether the wording clearly identifies your executors and beneficiaries.
If someone has died leaving a homemade will, take specialist advice before distributing assets or making assumptions about who inherits. Executors who pay the wrong people can face personal risk. Early advice can also help families decide whether a challenge is realistic, whether further evidence is needed, or whether a constructive solution is available.
Where capacity, undue influence or knowledge and approval are in issue, timing matters. Medical records, earlier wills, and correspondence from around the date of signing can all become important. Preserving documents and avoiding informal side agreements is usually wise.
Why professional will writing still matters
A professionally prepared will is not about formality for its own sake. It is about reducing the chance that a carefully intended plan collapses because of a technical defect. Solicitors can also help with related planning points that homemade forms often miss, such as guardianship wording, trusts for vulnerable beneficiaries, business assets, and tax-aware structure where that is relevant.
Homemade wills remain attractive because the upfront cost looks lower. The potential cost of getting it wrong, measured in family conflict, delayed probate and unintended inheritance, is often much higher.
Frequently asked questions
Is a homemade will valid if it was witnessed incorrectly?
Often no. If the will was not signed in the presence of two witnesses who were both present at the same time, and who then signed in the presence of the testator, it may fail to meet the Wills Act requirements. Some defects can be explored with further evidence, but incorrect witnessing is a serious problem and should be checked promptly by a solicitor.
Can a beneficiary witness a will?
A beneficiary can physically sign as a witness, but the gift to that beneficiary (and usually to their spouse or civil partner) is generally void. The rest of the will may still be valid. Using independent witnesses who do not benefit under the will is the safer course.
What if one of the witnesses has died?
A will can still be proved if a witness has died, but the Probate Registry may require additional evidence about how the will was executed. If both witnesses have died, or if memories are unclear, proving due execution can become more difficult and more expensive.
Does a homemade will override an older solicitor-drafted will?
A later valid will normally revokes an earlier one, in whole or in part, depending on its wording. If the homemade later document is invalid, the earlier will may still stand. That is why it is dangerous to assume a new DIY will has replaced previous arrangements without checking that it was properly executed.
What should executors do if they find a homemade will that looks defective?
Executors should take advice before applying for probate or distributing assets. They may need help assessing whether the document can be proved, whether an earlier will applies, or whether intestacy rules will govern the estate. Acting too quickly can create personal exposure for the executors.
Speak to Taylor Rose about wills and probate
If you are unsure whether a homemade will was properly witnessed, or you are dealing with an estate where the paperwork raises questions, early advice can prevent costly mistakes. Taylor Rose advises individuals and families on wills, trusts and probate matters across England and Wales, including concerns about execution, validity and estate administration.
Contact Taylor Rose to discuss your situation with a member of the wills and probate team. Clear guidance at the outset can help you understand whether the document is likely to stand, what evidence may be needed, and how best to protect the estate and the people who depend on it.
