Wills
Witness
A person who watches the testator sign their Will and signs to confirm it, helping prove the Will is genuine.
What it means
A witness observes the testator signing the Will and then signs it themselves to verify the signing took place. Australian law generally requires two witnesses, both present at the same time as the testator. Crucially, a witness (or their spouse) should never be a beneficiary, because in most states a gift to a witness is void even though the Will itself stays valid.
How it's used
Witnesses should be independent adults with capacity who can later confirm the signing if questioned. Example: the testator signs the Will at the kitchen table while two unrelated neighbours watch, then each neighbour signs as a witness. The witnesses' confirmation underpins the attestation clause and supports the later grant of probate.
Related terms
Learn more
Read the guide: Writing Your Will →This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.
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