Who can witness a Will?

The short answer

Any independent adult can witness a will — a colleague, neighbour, friend or other adult who is not going to benefit from it. What matters is that there are at least two witnesses, that both are present together when you sign, and that each witness signs in your presence. In practice, choose two adults you trust who have nothing to gain from the will.

The legal requirements

Under the Wills Act 2007, a will must be:

• in writing;
• signed by the will-maker, or by another person in their presence and by their direction;
• signed in the presence of at least two witnesses who are present together at the same time; and
• attested and signed by each witness in the will-maker’s presence.

The witnesses do not need to read the will or know its contents. They are there to confirm that the will-maker signed the document in their presence.

Who can witness

A witness should be:

• an adult — in practice, someone aged 18 or over;
• someone with the mental capacity to understand that they are witnessing a signature;
• someone independent — not a beneficiary of the will;
• someone not married to, or in a civil union or de facto relationship with, a beneficiary; and
• someone who can be present at the same time as the other witness.

An executor can witness the will — that is generally fine, as long as the executor is not also a beneficiary.

Who should not witness

Do not choose a witness who is:

• a beneficiary named in the will;
• the spouse, civil union partner or de facto partner of a beneficiary;
• the will-maker themselves — you cannot witness your own will; or
• anyone whose involvement could look like pressure or conflict of interest.

What happens if a beneficiary witnesses

This is the classic trap. If a beneficiary (or their spouse, civil union partner or de facto partner) witnesses the will, the will itself remains valid — but the gift to that person is void under section 13 of the Wills Act 2007. The beneficiary loses the gift, even though the rest of the will stands.

There is an exception: if the will has at least two other witnesses who are not beneficiaries or their partners, the gift to the interested witness survives. But the simplest and safest rule is to use two independent witnesses and never let anyone with an interest sign.

Why the rule exists

The rule protects the integrity of the will. If a beneficiary witnessed the signing, there is a risk the will-maker was pressured or that the beneficiary was in a position to influence what happened. The law removes the incentive by taking away the gift.

Practical tips

• arrange both witnesses to be in the same room, together, before you sign;
• sign the will first, then have each witness sign in your presence;
• do not let a witness leave the room before signing;
• record each witness’s full name and address alongside the will — they may be asked to confirm the signing later;
• never use a beneficiary as a witness, even if they insist; and
• if you realise a beneficiary has witnessed the will, make a new one with proper witnesses.

Common mistakes

The most frequent errors are:

• having a beneficiary witness the will;
• witnesses signing at different times, or when the will-maker is not present;
• a witness signing before the will-maker;
• only one witness being present; or
• not having the witnesses physically present together.

The bottom line

Two independent adults, present together, signing in your presence — that is the whole job. Keep beneficiaries and their partners out of the witnessing role, and record the witnesses’ details so the will can be proved later if needed. Our guide on what a will is and guide on challenges cover the surrounding rules.