A will is a legal document that outlines how your named executory will need to handle your assets after you die. For your will to be valid, you need two people who can witness a will.
Both of these witnesses are responsible for confirming that you did sign and then must sign in the presence of you but not one another. Your named executor then carries out your will.
In this post, we’ll define who can act as a witness for your will and who cannot.
Two witnesses must sign a will for it to be valid under a court of law. The reason you need witnesses is to prevent forgery and fraud. By witnessing the signature and signing, the witness is confirming that your signature is genuine. It does not mean that they need to know the details of your will.
In short, anyone who has the mental capacity and credibility to give evidence in the court of law can witness a will. But there are a few specifics that are worth considering when selecting witnesses.
When in doubt, it’s best to choose witnesses not included in your will as a beneficiary, such as family members, children or a spouse/de facto partner. Those you might consider using as your witness could be a friend, a JP, or the will’s executor if they are not a beneficiary.
Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice.