Can a family member witness a will in Australia — and what happens if they are also a beneficiary?
In most Australian states, if a beneficiary witnesses a Will they forfeit whatever they were left under it. The same applies if the spouse or partner of a beneficiary acts as a witness. So while a family member can technically witness your Will, it is a serious risk if they or their partner stand to inherit. The best witnesses are two people who are not beneficiaries and not married to one, such as neighbours, co-workers or friends. Willed’s online Will service flags this before you sign.
For related guidance, see what is a bequest in a will, and what are the different types available in Australia?.
Read the video transcript
In most states of Australia, if a beneficiary witnesses a Will, they would forfeit any entitlement under that Will. This also applies if the spouse or domestic partner of a beneficiary witnesses a Will. The best witnesses are two individuals who are not beneficiaries of the Will and are not married or in a relationship with a beneficiary. Ideal witnesses are neighbours, co-workers, and friends.
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