Common Mistakes When Signing a Will
Quick answer · Applies to Ireland
The most common signing mistakes are using a beneficiary or their spouse as a witness, signing before the witnesses are present, having witnesses sign at different times, missing pages, and signing somewhere other than the end of the document.
Even a well-drafted will can be rendered invalid if mistakes are made during the signing process. Here are the most common errors people make — and how to avoid them.
1. Only One Witness Present
Irish law requires two witnesses to be present when the testator signs (or acknowledges their signature). Having only one witness — or having the second witness sign at a different time — can invalidate the will.
2. A Beneficiary Acting as a Witness
If a person named as a beneficiary in the will (or their spouse/civil partner) acts as a witness, they may forfeit their gift under Section 82 of the Succession Act 1965. The will itself may still be valid, but the gift to that witness will fail.
3. Signing in the Wrong Place
The testator's signature should appear at the foot or end of the will. Signing in the margin or on a cover page may not satisfy the legal requirements.
4. Making Changes After Signing
Any changes made to a will after it has been signed (such as crossing out a clause or adding a name) may not be legally effective unless properly executed as a codicil or a new will.
5. Using Pencil or Erasable Ink
Wills should always be signed in permanent ink. Using pencil or erasable ink can raise questions about whether the document has been altered.
6. Witnesses Not Signing in the Testator's Presence
Both witnesses must sign in the presence of the testator. If a witness takes the document away to sign later, the execution may be invalid.
7. Forgetting to Date the Will
While not strictly a requirement for validity, failing to date a will can cause confusion — especially if multiple wills exist.
How to Avoid These Mistakes
- Read through the will carefully before signing
- Arrange for two independent, adult witnesses who are not beneficiaries
- Sign at the end of the document in permanent ink
- Have all parties sign at the same time, in the same room
- Date the will clearly
- Store the original safely
Final Thought
The signing of a will is a small but critical step. A few simple precautions can ensure your wishes are legally protected.