What Is the Wills Act 1837? UK Definition, Section 9 & Modern Status

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Written by: SL · Reviewed by: SL, Estate Planning Specialist · Last updated: May 2026

Simple definition

The Wills Act 1837 is an Act of the Parliament of the United Kingdom, 7 William 4 and 1 Victoria c.26, that consolidated and replaced the previous patchwork of statutes governing wills. It is the foundational statute on testamentary formalities in England and Wales and applies to every will made there, including online wills, solicitor-drafted wills, and homemade wills.

The Act has been amended over the years — most significantly by the Administration of Justice Act 1982 (clarifying signature requirements and introducing rules on the rectification of wills) and by the Law Reform (Succession) Act 1995 (which inserted section 18A on the effect of divorce on a will). The core formalities set out in section 9, however, have remained essentially unchanged for nearly two centuries.

Why the Wills Act 1837 matters

Every will in England and Wales has to satisfy the Wills Act 1837 to be valid. A document that fails the section 9 formalities is not a will, regardless of how clearly the deceased's wishes were expressed. The estate is then treated as intestate (or partially intestate, if there was an earlier valid will) and the intestacy rules in the Administration of Estates Act 1925 take over.

For most people, this means the practical importance of the Wills Act is to know what is required to make the will valid — and what makes it invalid. The signature, the witnesses, and the order in which they sign matter as much as the words of the will itself.

UK legal context

Section 9 — the formalities

The full text of section 9 (as amended) provides that no will is valid unless:

1. It is in writing, and signed by the testator, or by some other person in their presence and at their direction; and
2. It appears that the testator intended by their signature to give effect to the will; and
3. The signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
4. Each witness either attests and signs the will, or acknowledges their signature, in the presence of the testator (but not necessarily in the presence of each other).

Each of these is essential. Missing any one usually invalidates the will. The testator's signature does not need to be at the foot of the will (since the 1982 amendment), but it does need to be made or acknowledged with the intention to give effect to the will.

Section 15 — gifts to witnesses

Section 15 voids any gift in the will to:

• Any person who attests the execution of the will, or
• The spouse or civil partner of that witness.

The will itself remains valid (section 1 of the Wills Act 1968 modified the position so that the will is not invalidated by a witness being a beneficiary; only the gift to that witness is void). But the disappointed beneficiary receives nothing. Beneficiaries and their spouses should never be asked to witness a will.

Section 18 — marriage revokes a will

Section 18 provides that marriage automatically revokes any earlier will, unless the will was made in contemplation of that specific marriage and expressly says so. Section 18B applies the same rule to civil partnerships. The Law Commission has recommended that this rule be reformed (it can cause unintended intestacy), but until reform is enacted, the rule still applies.

Section 18A — divorce

Section 18A (added by the Law Reform (Succession) Act 1995) provides that, on divorce or dissolution of a civil partnership, gifts to the former spouse take effect as though the spouse had died on the date the marriage ended, and any appointment of the former spouse as executor is also treated as having lapsed. The rest of the will continues to apply.

Section 20 — revocation

Section 20 sets out the methods of revocation: a later will or codicil, a written declaration of revocation, or the physical destruction of the will by the testator (or by another at their direction) with the intention to revoke. Accidental destruction does not revoke.

Mental capacity

The Wills Act 1837 does not codify the test for mental capacity — that is governed by the common-law test in Banks v Goodfellow (1870), which requires the testator to understand the nature of making a will, the extent of their property, the claims of those who might expect to benefit, and to be free from any disorder of mind affecting their judgment. The Mental Capacity Act 2005 supplements the common-law test in some circumstances.

The Wills Act and online wills

The Wills Act applies to every will in England and Wales, including online wills. An online will provider generates a printed document; the document is valid when the testator signs it in person in front of two witnesses, who then sign in the testator's presence. The online platform is the drafting tool — it does not change the execution rules.

ClearLegacy wills are drafted online and then printed for execution. The user signs and witnesses the document in line with the Wills Act 1837 — the same formalities a solicitor-drafted will follows. Once correctly signed and witnessed, the will is fully valid under English law.

Electronic and remote signing

The Act requires a signature, and the long-standing interpretation is a manuscript signature on a physical document. During the COVID-19 pandemic, a temporary order (made under the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020) permitted remote video witnessing of wills signed between 31 January 2020 and 31 January 2024. That concession has now expired. Fully electronic signing of wills is not currently permitted; the Law Commission's 2025 report on wills recommends modernisation, but until new legislation is passed, in-person execution remains the rule.

Common mistakes about the Wills Act 1837

"You can sign your will alone and post it to the witnesses later"

No. Section 9 requires both witnesses to be present at the same time when the testator signs (or acknowledges their signature). If the testator signs in private and only later asks witnesses to add their signatures separately, the will is invalid.

"A solicitor doesn't need to be present"

Correct — there is no requirement for a solicitor to be involved. Many valid wills are signed at home with two adult neighbours as witnesses. The Wills Act does not require any professional involvement.

"My spouse or child can witness the will"

They can — but if they (or their spouse) is a beneficiary, the gift to them is void under section 15. Use witnesses who are not beneficiaries.

"My will is invalid because I'm not under a solicitor's roof"

The Wills Act does not impose any place-of-execution rule. Wills have been validly signed in hospital wards, kitchens, offices, and care home lounges. Anywhere is fine, so long as the section 9 formalities are met.

"Marriage doesn't affect my old will"

It does. Section 18 automatically revokes earlier wills on marriage (unless the will was expressly made in contemplation of that marriage). The same applies to civil partnership under section 18B. Anyone marrying — or remarrying — should review and re-make their will.

"The Wills Act is being replaced"

Not yet. The Law Commission published its final report on the reform of wills law in May 2025 (Law Com No 415), recommending a new Wills Act including provisions for electronic wills and reform of the rule that marriage revokes a will. As of May 2026, no replacement Act has been enacted, and the Wills Act 1837 (as amended) remains in force.

Section 9 — the practical checklist

To execute a will validly under the Wills Act 1837:

1. Print the will on paper
2. Gather two adult witnesses, neither of whom is a beneficiary or married to a beneficiary
3. All three people in the same room at the same time, able to see each other sign
4. Testator signs and dates the will
5. Both witnesses then sign and add their printed name and address
6. Store the original will in a safe place (and tell the executor where it is)

Frequently asked questions

What is the Wills Act 1837?

The principal Act of Parliament governing the form and execution of wills in England and Wales. Still in force in 2026, with periodic amendments.

What does section 9 say?

A will must be in writing, signed by the testator (or another at their direction), with the signature made or acknowledged in the presence of two witnesses, who each sign in the testator's presence.

Is the Wills Act 1837 still in force?

Yes. The Law Commission published a report in 2025 recommending reform, but no replacement Act has been passed.

Does it apply to online wills?

Yes. Online wills are valid if the printed document satisfies section 9 — signed in person by the testator in front of two witnesses.

Can a will be signed electronically?

Not in normal circumstances. The COVID-era video-witnessing concession ended on 31 January 2024. Full electronic signing is not yet permitted.

What does section 15 say?

Any gift in the will to a witness (or the witness's spouse or civil partner) is void. The will remains valid; only the gift fails.

What does section 18 say?

Marriage automatically revokes any earlier will, unless made in contemplation of that marriage. Section 18B applies the same rule to civil partnerships.

How can a will fail to meet the Act?

Signing alone and asking witnesses later; witnesses signing separately; a witness who is a beneficiary; no signature; or lack of mental capacity.