Wills, Estates & Probate

Witness To A Will

Also known as: attesting witness

In plain English

One of the two people who watch you sign your will and then sign it themselves to confirm it's genuine.

What it means

In every Australian state and territory, a valid formal will must generally be signed by the will-maker in the presence of two witnesses, who then sign in the will-maker's presence. Australian wills are witnessed, not notarised. A witness should be independent: in most jurisdictions a beneficiary (or their spouse) who witnesses the will may lose their gift unless an exception applies. Witnesses should be over 18 and able to see the will-maker sign.

How it's used

Two neighbours acted as witnesses to the will, signing it immediately after watching her sign.

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