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A will witnessed by a beneficiary is a surprisingly common problem — and a particularly painful one, because the person who witnessed the will usually did so out of helpfulness, not any intention to benefit themselves. Understanding the exact legal effect and what it means for the administration of the estate is essential before you distribute a single penny. For a full overview of your role, see our guide on executor first steps and our guide on how to read a will as an executor.
Section 15 of the Wills Act 1837 provides that where an attesting witness to a will (or their spouse or civil partner) is given a "benefit" under the will — typically a gift of money, property, or other assets — that gift is void. The witness and their spouse/civil partner are treated as if the testator had never made the gift to them at all.
This rule exists to prevent witnesses from being influenced to attest wills that benefit them — it removes any incentive to witness a will in the hope of personal gain.
The key point
The will is valid. The gift to the witness (and their spouse/civil partner) is void. These are two separate consequences, and confusing them is a common and costly mistake.
Section 15 is broad. It applies to:
It does not apply to:
Section 15 also applies to the spouse or civil partner of the witness at the time of witnessing. This catches situations where, for example, a testator asks their neighbour to witness the will, not realising that the neighbour is married to someone who is named as a beneficiary.
The critical date is the date of witnessing, not the date of death. If the witness was married to the beneficiary when they signed but the marriage has since ended (by divorce or death) before the testator dies, the gift still fails. The rule looks back to the relationship at the time of witnessing.
Conversely, if the witness and the beneficiary married afterthe will was signed, s.15 does not apply — the rule is not retrospective.
The voided gift falls back into the residuary estate and passes to the residuary beneficiaries under the will. If the witness was themselves a residuary beneficiary (or if their void gift was the residue), the position becomes more complex — the failed gift falls into partial intestacy. See our guide on wills with no residuary clause and on the residuary estate.
It is not rare. The most common scenario involves a testator who signs their will at home with a family member or close friend as one of the witnesses, not realising that the witness is named as a beneficiary. The testator may have had the will drafted by a solicitor (who would have advised on witness requirements) but then changed witnesses at the last moment for practical convenience.
Homemade wills are particularly prone to this problem. See our guide on homemade wills in the UK. The full rules on who can and cannot witness a will are explained in our guide on will witnessing rules.
Since September 2020, England and Wales have permitted wills to be witnessed remotely by video call in certain circumstances (the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020). The rules were later made permanent.
Remote witnessing does not change the s.15 analysis. If a beneficiary witnesses the will by video call, their gift still fails in exactly the same way as if they had been physically present. The method of witnessing is irrelevant — it is the identity of the witness that matters.
Do not distribute the forfeited gift until you have taken proper legal advice. The steps are:
The fact that a beneficiary witnessed the will does not prevent you from obtaining probate — the will remains valid. Apply in the usual way using form PA1P. The Probate Registry will grant probate on the will as executed.
However, you should make a note in your estate administration records of the s.15 issue and how you have dealt with it, so that your handling of the distribution can be explained and justified if any beneficiary later questions why they received more or less than the will originally appeared to provide.
No. The will remains fully valid. Only the specific gift to the witness (and their spouse or civil partner at the time) fails. All other gifts in the will are unaffected.
If the witness was the sole beneficiary (or the only residuary beneficiary), voiding their gift leaves the estate (or residue) undisposed. The undisposed assets fall into partial intestacy and pass under the statutory intestacy rules. The witness inherits nothing under the will — but may inherit something under the intestacy rules if they are a qualifying relative.
Yes. Section 15 looks at the relationship at the time of witnessing. If the witness was married to the beneficiary when they signed the will, the beneficiary's gift fails even if the marriage has since ended. Divorce after execution does not cure the problem.
In England and Wales, the courts have no power to override s.15 and validate a gift to a witness. This differs from some other jurisdictions. The only practical remedy is a deed of variation by consent of the entitled beneficiaries.
Yes. Section 15 applies to codicils as well as to wills. A gift in a codicil fails if that codicil was witnessed by the beneficiary (or their spouse/civil partner at the date of witnessing). Gifts in the original will that are confirmed but not restated in the codicil are generally unaffected.
Who can legally witness a will in the UK. The rules about beneficiaries witnessing, remote witnessing, and what happens if the witnessing was invalid.
Are handwritten wills legal in the UK? Formal requirements for a valid will, when handwritten wills fail, and what to do if you find one.
Assets not covered by a will's specific gifts fall into partial intestacy. Learn the lapse rule, the s.33 Wills Act exception, how to administer partial intestacy, and how to fix it with a deed of variation.
A valid will in England and Wales must be signed by the testator and two independent witnesses. Use our four-point checklist to assess formal validity before applying for probate.
When executors face personal liability. Distributing before paying debts, Section 27 Gazette notices, and when to consider an executor's bond.
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