Who Can Witness a Will in Australia? The Rules, State by State

Proper witnessing is one of the formal steps every Australian will has to meet. If the witnessing goes wrong, the will may not be accepted without a court application, and your estate could pass under an earlier will or the intestacy rules instead of your wishes. This guide explains who can witness your will and how the witnessing works across all Australian states and territories.

Who Can Witness Your Will?

These are the witness requirements and recommended practice across Australian states:

Good Witness Choices

Most people choose from the same pool: neighbours, colleagues, or family who inherit nothing under the will. No state requires a professional witness for an ordinary in-person signing, but one can be the better choice in some situations.

• Neighbours or friends who are not receiving anything under your will.
• Work colleagues who are not beneficiaries.
• Family members who are not receiving gifts, such as a sibling when only your spouse and children inherit.
• Accountants, doctors, or bank managers who have no gift under the will.
• Solicitors or a justice of the peace (JP), useful when you want an experienced, independent witness who could later describe the signing, but not legally required for an in-person signing.

One exception: if you sign by video link under Victoria's remote execution procedure, one witness must be a special witness, such as an Australian lawyer or a JP, and every step must happen on the same day and within Victoria (Wills Act 1997 (Vic) s8A). For an in-person signing, any witness with capacity who can see you sign is accepted in every state.

Here is how the common choices compare:

Whichever you choose, the practical test is the same everywhere: an adult who can see you sign, could explain later what happened, and has no gift at stake. A JP or solicitor adds reassurance, not extra legal force, except where Victoria's remote signing procedure calls for one.

Who Should NOT Witness Your Will

• Anyone named as a beneficiary in your will
• The spouse or de facto partner of any beneficiary
• Anyone under 18 (no Act sets a minimum age, but adults are the safer choice)
• Anyone who lacks mental capacity
• Your executor can technically witness, but it's best practice to use independent witnesses

State-by-State Witnessing Requirements

Each state has its own succession legislation governing will execution. While requirements are similar, there are important differences:

New South Wales (Succession Act 2006)

Requirement	NSW Rule
Number of witnesses	Two witnesses required
Witness presence	Both must be present at the same time
Beneficiary as witness	Gift to beneficiary-witness is void (s10), unless an exception applies (two other witnesses who receive nothing, written consent of those affected, or a court order)
Remote witnessing	Permanently allowed by audio-visual link under s14G of the Electronic Transactions Act 2000 (NSW)
Signature location	Need not be at the foot if intended to execute the will (s6(2)); signing at the end is best practice

Note: During the COVID-19 period, temporary laws in some places (including Queensland and the ACT) allowed witnessing by audio-visual link. Those measures have ended; today only NSW and Victoria provide for video witnessing of a will. See How to Make a Will in NSW.

Victoria (Wills Act 1997)

Requirement	VIC Rule
Number of witnesses	Two witnesses required
Witness presence	Both present when the testator signs; each signs in the testator's presence, not necessarily each other's (s7)
Beneficiary as witness	Gift to beneficiary-witness is NOT void (s11, Wills Act 1997); independent witnesses still recommended
Remote witnessing	Permanent remote execution procedure (s8A): one witness must be a special witness such as a lawyer or JP, all on the same day and within Victoria
Signature location	Need not be at the foot if made with the intention of executing the will (s7(1)(b)); signing at the end is best practice

Note: If a will was not signed or witnessed correctly, the Supreme Court can still admit a document as a will if satisfied you intended it to be your will (s9, Wills Act 1997). See How to Make a Will in Victoria.

Queensland (Succession Act 1981)

Requirement	QLD Rule
Number of witnesses	Two witnesses required
Witness presence	Both present when the testator signs; each signs in the testator's presence, not necessarily each other's (s10(4))
Beneficiary as witness	Gift to beneficiary-witness is void (s11), unless an exception applies (two other witnesses who receive nothing, written consent of those affected, or a court order)
Remote witnessing	The Act has no procedure for witnessing by video (a temporary COVID-19 regulation is no longer in force); sign in person
Signature location	Need not be at the foot of the will (s10(6)); signing at the end is best practice

Key case law: Nichol v Nichol [2017] QSC 220, where the QLD Supreme Court used the dispensing power to validate an unsent text message because the deceased's intention was clear.

South Australia (Succession Act 2023)

Requirement	SA Rule
Number of witnesses	Two witnesses required
Witness presence	Both present when the testator signs; each signs in the testator's presence, not necessarily each other's (s8)
Beneficiary as witness	Gift to beneficiary-witness is NOT void (s13, Succession Act 2023); independent witnesses still recommended
Remote witnessing	The Succession Act 2023 (SA) has no procedure for witnessing by video; sign in person
Signature location	Signing at the end of the will is best practice

Note: A court may admit a non-compliant document under the dispensing power (s11, Succession Act 2023 (SA)) if satisfied it was intended as the will.

Western Australia (Wills Act 1970)

Requirement	WA Rule
Number of witnesses	Two witnesses required
Witness presence	Both present when the testator signs; each signs in the testator's presence (s8)
Beneficiary as witness	The current Act has no rule that voids a gift to a witness; independent witnesses still recommended
Remote witnessing	The Act has no procedure for witnessing by video, and the electronic transactions laws do not apply to wills (Electronic Transactions Regulations 2012 (WA) r4(1)(a)); sign in person
Signature location	Signing at the end of the will is best practice

Note: A court may admit a non-compliant document under the dispensing power (s32, Wills Act 1970) if satisfied it was intended as the will.

Tasmania (Wills Act 2008)

Requirement	TAS Rule
Number of witnesses	Two witnesses required
Witness presence	Both present when the testator signs; each signs in the testator's presence, not necessarily each other's (s8)
Beneficiary as witness	Gift to beneficiary-witness is generally void (s12), unless an exception applies (at least two other witnesses who are not beneficiaries or their spouses, written consent of those affected, or a court order on an application generally made within 6 months after the grant, s13, s14)
Remote witnessing	The Act has no procedure for witnessing by video, and the electronic transactions law does not apply to wills (Electronic Transactions Regulations 2021 (Tas) r4, r5); sign in person
Signature location	Need not be at the foot of the will (s8(2)); signing at the end is best practice

Note: A court may admit a non-compliant document under the dispensing power (s10, Wills Act 2008), but only if satisfied beyond reasonable doubt that the deceased intended it to be their will.

Australian Capital Territory (Wills Act 1968)

Requirement	ACT Rule
Number of witnesses	Two witnesses required
Witness presence	Both present when the testator signs; each signs in the presence of the testator and of the other witness (s9(1)(c), (d))
Beneficiary as witness	Gift to beneficiary-witness is NOT void (s15, Wills Act 1968); independent witnesses still recommended
Remote witnessing	The Act has no procedure for witnessing by video (a temporary COVID-19 provision expired in December 2022); sign in person
Signature location	Must be signed at the foot or end of the will (s9(1)(b)), though s10 saves a signature placed so that it is clear it was meant to sign the will

Note: A court may admit a non-compliant document under the dispensing power (s11A, Wills Act 1968) if satisfied it was intended as the will.

Northern Territory (Wills Act 2000)

Requirement	NT Rule
Number of witnesses	Two witnesses required
Witness presence	Both present when the testator signs; each signs in the testator's presence, not necessarily each other's (s8)
Beneficiary as witness	Gift to beneficiary-witness is generally void (s12), unless an exception applies (two other witnesses who are not beneficiaries, written consent of those affected, or a court order)
Remote witnessing	The Act has no procedure for witnessing by video (the audiovisual rule in the Oaths, Affidavits and Declarations Act 2010 (NT) s28A does not cover wills); sign in person
Signature location	Need not be at the foot of the will (s8); signing at the end is best practice

Note: A court may admit a non-compliant document under the dispensing power (s10, Wills Act 2000) if satisfied it was intended as the will.

The Correct Witnessing Process: Step-by-Step

Follow this process so your will is properly witnessed:

Step 1: Prepare the Document

• Print your completed will (do not sign yet)
• Ensure all pages are numbered (e.g., "Page 1 of 4")
• Have both witnesses present with you

Step 2: Sign in the Presence of Both Witnesses

• Sign the will at the end while both witnesses watch
• Use your normal signature (the one on official documents)
• Sign in permanent ink (black or blue recommended)

Step 3: Witnesses Sign Immediately After

• Each witness signs the will immediately after you
• They must sign in your presence; signing in each other's presence too is best practice (and required in the ACT)
• Witnesses should print their name, address, and occupation below their signature

Step 4: Initial Each Page (Recommended)

• You and both witnesses initial each page in the margin
• This is not legally required but prevents disputes about missing pages

Step 5: Store Safely

• Keep the original will in a secure, fireproof location
• Tell your executor where it is stored
• Never staple, clip, or bind additional documents to the executed will

What Happens If Witnessing Requirements Are Not Met?

The Dispensing Power

Every Australian state and territory has a "dispensing power" allowing courts to admit documents that don't strictly comply with execution requirements if there is clear evidence of testamentary intention. However, this involves:

• Court applications that cost time and money
• Delays
• No guarantee of success

Bottom line: Proper witnessing from the start avoids these complications entirely.

Witness Capacity: Who Genuinely Qualifies to Attest

The age and capacity rules in the table above set the floor, but it helps to understand the practical reasoning behind them. A witness is not just a spare signature on the page. Their job is to be able to swear, if ever asked, that they saw the will-maker sign the document freely and willingly. That single function explains who can and cannot do the job.

• Adults with mental capacity: A witness should understand what they are watching. The law does not require them to know the document is a will, but they may later need to describe the signing. Someone who is heavily intoxicated, seriously cognitively impaired, or too young to grasp the occasion cannot give that confirmation reliably, which is why an adult of sound mind is the right choice (no Act sets a minimum age).

• Not a beneficiary, and not a beneficiary's spouse or partner: Because a witness is meant to be neutral, a person who stands to gain under the will is the wrong choice. In NSW, QLD, TAS and the NT a gift to a beneficiary who witnesses can be voided (unless an exception applies), even though the rest of the will survives. Victoria, South Australia and the ACT do not void the gift, and Western Australia has no voiding rule, but the safe rule everywhere is simply to keep beneficiaries and their partners away from the witness line.

• An executor who is not a beneficiary can witness: Being named as executor does not, by itself, give a person any gift under the will. So an executor who receives nothing can validly witness. That said, using genuinely independent witnesses removes any later argument about influence, so it is still the better practice.

• A person who cannot see the signing cannot witness: A witness has to actually observe the will-maker sign or acknowledge the signature. Victoria says so expressly (Wills Act 1997 (Vic) s10), and the safe rule everywhere is to choose witnesses who can see the pen meet the page.

If you are unsure who in your circle qualifies, our guide on will requirements in Australia sets out the broader execution rules, and how to make a will in Australia walks through the document end to end.

The Signing Ceremony, and Why Strict Compliance Beats the Court

The earlier step list tells you what to do. This section explains the order and the logic so nothing goes wrong on the day.

Run it as a single occasion

The cleanest signing happens as one continuous event with all three people in the same room from start to finish:

• Everyone is present before anyone signs. The will-maker and both witnesses gather together. Nobody steps out until all signatures are complete.

• The will-maker signs or acknowledges first. The will-maker either signs the will in front of both witnesses, or, if already signed, clearly acknowledges to both witnesses that the signature on the page is theirs. Both witnesses must see this happen.

• Both witnesses then sign in the will-maker's presence and each other's presence. After the will-maker, each witness signs while the will-maker and the other witness watch. The witnesses do not need to read the will or know its contents. They are confirming the act of signing, not the gifts inside.

• Use the same pen and the same sitting, and date it. Signing with one pen in one session, and dating the will on the day, makes it obvious that everyone signed together. Splitting the signing across rooms, days, or pens is exactly what creates later doubt.

Why strict compliance is worth the small effort

Every Australian state and territory gives its Supreme Court a dispensing power, a discretion to admit a document that does not strictly meet the execution rules when there is clear proof the person intended it to be their will. It is a genuine safety net, but it is a poor substitute for doing things properly:

• It is not automatic. The court has to be persuaded, with evidence, that the document really was meant to be the will. There is no guarantee it will agree.

• It is slow and costly. Rather than a simple grant of probate, the estate faces a court application, with legal fees and delay falling on the very people the will-maker wanted to help.

• Strict compliance sidesteps all of it. A will signed and witnessed correctly the first time needs no rescue. The few minutes spent getting the ceremony right are some of the best spent in estate planning.

In short, the dispensing power exists for emergencies, not as a plan. A properly witnessed will keeps your estate out of the courtroom and gives your executor a clean document to act on. For the steps that follow signing, see how to update or change a will.

Common Witnessing Mistakes That Invalidate Wills

Mistake 1: Beneficiary Acting as Witness

The problem: A son who inherits half the estate witnesses his mother's will. The consequence: In NSW, QLD, TAS and the NT the son's gift can be void unless an exception applies, so he may receive nothing (in VIC, SA and the ACT the gift stands, and WA has no voiding rule). The will otherwise remains valid. How to avoid: Only use witnesses who receive nothing under the will.

Mistake 2: Witnesses Not Present Together

The problem: Wife signs will, Witness 1 signs immediately, but Witness 2 signs the next day. The consequence: The will may be invalid: both witnesses must be present together when the will-maker signs, and each must sign in the will-maker's presence (in the ACT, in each other's presence too). How to avoid: Complete all signing in one session with everyone present.

Mistake 3: Signing Before the Will is Finalised

The problem: Will-maker signs a draft, then makes changes and doesn't re-sign. The consequence: The executed version doesn't reflect final intentions; changes may be ignored. How to avoid: Only sign the final, complete version of your will.

Mistake 4: Writing on the Will After Execution

The problem: Will-maker crosses out a gift or writes a note after signing. The consequence: Alterations made after signing generally have no effect unless they are themselves signed by the will-maker and witnessed in the same way as a will (for example Vic s15, ACT s12). How to avoid: Make changes through a codicil or new will with fresh witnessing.

Frequently Asked Questions

Can my executor also witness my will?

Technically yes, executors who are not also beneficiaries can witness. However, best practice is to use completely independent witnesses to avoid any perception of undue influence.

What if I can't find two suitable witnesses?

Consider: neighbours, work colleagues, professionals you deal with (accountant, doctor, bank manager), or family members not receiving gifts. Some libraries and community centres host justice of the peace sessions; ask ahead whether the JP will witness a will.

Do witnesses need to read my will?

No. Witnesses only need to see you sign (or acknowledge your signature) and then sign themselves. They do not need to read the contents, and in several states the will is still validly executed even if a witness did not know it was a will (for example Vic s8, ACT s13).

Can witnesses be overseas or interstate?

In most states witnesses must be physically present when you sign. NSW and Victoria allow witnessing by audio-visual link under specific procedures (in Victoria every step must take place within Victoria). If you relocate, you may need to find new witnesses or travel to execute your will.

Legislation and Official Resources

Will-making in Australia is governed by each state and territory's own succession legislation. The core statutes include:

• New South Wales: Succession Act 2006 (NSW)
• Victoria: Wills Act 1997 (Vic)
• Queensland: Succession Act 1981 (Qld)
• South Australia: Succession Act 2023 (SA)
• Western Australia: Wills Act 1970 (WA)
• Tasmania: Wills Act 2008 (Tas)
• Australian Capital Territory: Wills Act 1968 (ACT)
• Northern Territory: Wills Act 2000 (NT)

Because requirements differ between states and are amended over time, always confirm the current rules for your state, or seek advice from a qualified legal professional.

Related Guides

• Will Requirements in Australia – Complete legal requirements for valid wills
• Executor Role and Responsibilities – What executors do
• How to Update or Change a Will – Making changes after execution
• Codicil vs New Will – When to use each approach

Further Reading

• LawAccess NSW – Wills
• Supreme Court of Victoria – Wills
• Queensland Government – Wills and Estates

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