Who can be a witness to the will ?
- Any person who is old enough to give evidence in court; .
- can't be a beneficiary to the will or the spouse of a beneficiary (de facto spouse may be included in that category). If they do witness the will they can't get their share although the rest of the will, will not be affected.
- The task of the witness is to see the person making the will (Testator) sign the will and to then sign themselves. They don't have to know what is in the will. By signing they are effectively saying they were present and the Testator appeared to be signing of his own free will and appeared to understand that he was signing a will. The Testator can sign before the witness is present and then acknowledge his/her signature when the witness is present. The witness is entitled to ask questions of the Testator to be satisfied he understands.