Who can legally witness a will in Australia?
For a Will to be valid in Australia, it must be witnessed by two individuals who meet specific legal requirements. Getting the witnessing right is crucial—incorrect witnessing is one of the most common reasons why do-it-yourself wills fail. Fortunately, the rules are consistent across Australia, so once you understand them, you can ensure your Will is valid.
For related guidance, see does an inheritance have to be shared with a spouse in Australia?.
Read the video transcript
Witnessing wills is strict across all Australian states. You need two adult witnesses who must be physically present at the same time and see you sign your Will. But here is a golden rule. In most Australian states, a witness cannot be a beneficiary or a partner of a beneficiary of the Will. If they witness a Will, it could invalidate any gift that is made to them.
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