Can a BSL interpreter witness a will?

It is a question we are asked by Deaf clients and their families. The short answer is: legally, an interpreter usually can witness a will, but it is often better if they do not. Here is why, along with the other witnessing questions that come up.

The basic rules for witnessing a will

Under the Wills Act 1837, a will in England and Wales must be signed by the person making it in the presence of two witnesses, who are both there at the same time. Each witness must then sign in the presence of the person making the will.

A witness should be an independent adult who can see you sign. Most importantly, a witness must not be a beneficiary, or the husband, wife or civil partner of a beneficiary. If they are, the will is still valid, but that person will usually lose their gift.

Can a BSL interpreter be a witness?

Nothing in the Wills Act stops an interpreter from being a witness, as long as they do not benefit from the will and are not married to, or in a civil partnership with, someone who does. So an interpreter acting as a witness would not, on its own, make a will invalid.

Why it is often better to keep the roles separate

• Two jobs at once. At the signing, the interpreter's job is to make sure you understand what is happening. A witness's job is to watch you sign. Keeping the roles separate means each is done properly.
• Evidence later. If anyone ever questions whether you understood your will, the interpreter may be asked how the will was interpreted to you. It is clearer if their role was simply that of interpreter.
• The interpreter's own position. Many interpreters prefer to stick to interpreting and not take on other roles during an assignment. Always ask first, rather than assuming they will agree.

Can a deaf person witness a will?

Yes. What matters is that the witness can see you sign and understands what they are doing. Being deaf does not stop someone from being a witness. The usual rules still apply: they must not benefit from the will, or be married to or in a civil partnership with someone who does.

Can a family member interpret at the signing?

Family can be there to support you. But if a relative, or their husband, wife or civil partner, benefits from the will, it is best that they are neither the interpreter nor a witness. A witness who benefits will usually lose their gift, and a relative who interprets and then inherits can give someone grounds to challenge the will. For more on this, see our guide on supporting a deaf parent with their will.

Can a will be witnessed over video?

Not any more. Temporary rules allowed video witnessing for wills made between 31 January 2020 and 31 January 2024. Those rules have now ended, so your witnesses must be physically present when you sign. Your advice meetings, and going through your draft with an interpreter, can still happen by video.

Can the interpreter confirm they interpreted the will?

Yes, and it is good practice. An interpreter can sign a short statement confirming that they interpreted the will to you and that you appeared to understand and approve it. This is separate from being a witness, and it can be very helpful if questions are ever raised later.

In summary

• An interpreter can legally witness a will if they do not benefit from it, but it is usually better to keep interpreting and witnessing separate.
• A deaf person can be a witness.
• Witnesses must be physically present. Video witnessing has ended.
• Nobody who benefits from the will, and nobody married to or in a civil partnership with a beneficiary, should be a witness.

For the bigger picture, read our guide to making a will when you are deaf or hard of hearing. If you would like help, our BSL will writing service includes a registered interpreter for your whole video appointment, at no extra cost.

Related reading

• Can a will be made or signed in British Sign Language?
• The problems with cheap and DIY wills, which covers the witnessing rules in more detail
• Do I need an interpreter to make a will, and who pays for it?

This article is general information about the law in England and Wales, not legal advice. For guidance on your own situation, please get in touch.