Who can witness a will in Australia?

What are the rules for witnessing a will?

Every state and territory asks for the same core steps. You sign your will, or acknowledge a signature you've already made, in front of two or more witnesses who are present at the same time. The witnesses then sign the will in your presence.

In most places the witnesses don't have to watch each other sign. The ACT is the exception: its law requires the witnesses to sign in front of each other as well as you (Wills Act 1968 (ACT) s 9). Keeping all three of you together until everyone has signed works everywhere, so that's the habit to follow.

Two witnesses is the minimum. You can have more, and in some states a third, independent witness can rescue a gift to a witness who inherits (more on that below).

What does a witness actually confirm?

A witness confirms that they saw you sign, or heard you acknowledge your signature. That's all. They don't read the will, check what's in it or vouch for your choices, and you don't have to show them the contents.

In fact, a witness doesn't even need to know the document is a will in NSW (s 7), Victoria (s 8), Queensland (s 10(5)), Tasmania (s 9), the ACT (s 13) and the NT (s 9). Queensland's JP Handbook goes further and says a will is a private document that a witness shouldn't read.

If the will is ever questioned, a witness may be asked to describe the signing. So choose people you could find in 10 or 20 years, and who are likely to outlive you, as the WA Government's guidance suggests.

Can a beneficiary witness a will?

They can sign, but they shouldn't. In four jurisdictions a gift to a witness can be lost. In the other four the gift survives, but a beneficiary who watched you sign makes it easier for someone to argue you were pressured into the gift.

Where a gift is void, only the gift to that witness fails. The rest of the will still works, and the lost gift usually falls into the residue (what's left after specific gifts).

What about the witness's partner? In NSW, Queensland, Tasmania and the NT the rule is written about the witness, not their spouse, so a gift to a witness's partner isn't automatically lost. It still looks bad if the will is challenged, and Queensland's JP Handbook tells witnesses not to act if their spouse is a beneficiary.

Can a family member witness a will?

Legally, yes. No Australian wills law bans relatives as witnesses. The rules above are about beneficiaries, not family, so a cousin, an aunt or a brother-in-law who isn't in your will and isn't partnered with someone who is can witness it.

In practice, relatives are often beneficiaries or married to one, which is why many guides suggest independent witnesses. Queensland's JP Handbook, for example, tells JPs not to witness a relative's will. A neighbour, a colleague or a friend who isn't inheriting is the cleanest choice.

Does a will need to be witnessed by a JP or lawyer?

No. A will doesn't need a justice of the peace, a lawyer or any other official as a witness when you sign in person. The WA Government says no legislation gives a JP authority to witness a will, and a JP who does acts as an ordinary person. Queensland's JP Handbook says the same: anyone is free to witness a will.

People often confuse wills with statutory declarations and affidavits, which do need an authorised witness. The one time a will needs a lawyer or JP is Victoria's video-signing procedure, covered below.

How old does a witness need to be?

None of the eight wills Acts sets a minimum age for witnesses. Official guidance says to use adults: the Law Society of NSW describes a witness as anyone aged 18 or more who can see and attest, and the WA Government says two people over 18. An adult is also far easier to rely on if the will is challenged.

A person who can't see you sign can't be a witness in NSW (s 9), Victoria (s 10), Queensland (s 10(10)), WA (s 11), Tasmania (s 11) and the NT (s 11). SA and the ACT have no such section, but the same advice applies: your witnesses need to be able to see you sign.

Being named as executor doesn't stop someone witnessing (for example Succession Act 2023 (SA) s 15, Wills Act 2008 (Tas) s 8(7) and Wills Act 1968 (ACT) s 19). If the executor also inherits, though, the beneficiary rules apply to them.

Who can witness a will in NSW, Victoria and Queensland?

New South Wales

Two witnesses present at the same time, who sign in front of you (Succession Act 2006 s 6). They must be able to see you sign (s 9), and a gift to a witness is void unless one of the s 10 exceptions applies. NSW also allows remote witnessing over video. See making a will in NSW.

Victoria

Two witnesses present at the same time (Wills Act 1997 s 7), who must be able to see you sign (s 10). Victoria abolished the beneficiary-witness rule in 1997, so a witness or their partner can still inherit (s 11), though it's still poor practice. See making a will in Victoria.

Queensland

Two witnesses present at the same time, who sign in front of you (Succession Act 1981 s 10). A gift to a witness is void unless an exception in s 11 applies, and a gift to an interpreter who helped make the will is void too (s 12). Queensland doesn't allow video witnessing of wills. See making a will in Queensland.

Can a will be witnessed over video?

Only in two states, and only with extra steps:

• New South Wales: the remote witnessing scheme in Part 2B of the Electronic Transactions Act 2000, permanent since November 2021, covers wills. The witness must watch you sign in real time, sign the will or a copy, and note on it how it was witnessed (s 14G). Any eligible witness can do this. The will still needs a handwritten signature.
• Victoria: wills can be signed and witnessed by video link under ss 8A to 8D of the Wills Act 1997, but one witness must be a special witness (such as an Australian lawyer or a justice of the peace), and every step must happen on the same day with everyone in Victoria.
• Everywhere else: Queensland, WA, SA, Tasmania, the ACT and the NT have no video witnessing for wills. Queensland's and the ACT's COVID-19 measures expired, and the Queensland Law Society says wills can't be witnessed electronically.

Even in NSW and Victoria, signing in person is simpler and avoids the extra statements a video signing needs. If you can get two witnesses in a room, do that.

What if you're blind or don't read English?

You can still make a valid will. If you can't read it yourself, one of the witnesses should read it to you (in your own language if you don't understand English) with the other present, and the attestation clause should record that you understood and approved it, as South Australia's Law Handbook explains. If you can't write, a mark can serve as your signature. A lawyer can help set this up properly.

How to sign and witness a will, step by step

1. Read the final version of your will from start to finish. Never sign a draft.
2. Choose two witnesses aged 18 or over who can see, who don't inherit anything and who aren't the partner of anyone who does.
3. Get all three of you in the same room, with the will and a pen.
4. With both witnesses watching at the same time, sign at the end of the will and write the date. In the ACT, sign at the foot or end.
5. Each witness signs while you watch, and writes their full name, address and the date. In the ACT, they must also sign in front of each other, so nobody leaves until all three have signed.
6. If your instructions say to, sign or initial the foot of every page. It's good practice, not a legal requirement.
7. Don't unstaple, add to or change the will afterwards. A change needs the same signing and witnessing as the will itself.
8. Store the original safely and tell your executor where it is.

Every Willies will arrives as a PDF with step-by-step signing instructions written for your state, and a real person checks the will before it's sent. If you can't get two witnesses together, reply to our email and we'll help. You can see the rest of the process in our guide to making a will.