![]() the court is satisfied that the will-maker knew and approved of the gift and made it freely and voluntarily.written consent is obtained from all who would benefit directly if the gifts to the witness were not allowed or.there are at least two other attesting witnesses who are not beneficiaries.Section 10 also allows a beneficiary to be a witness if one of the following circumstances applies: Section 10 allows the spouse of a beneficiary to be a witness. Who can be a witness?Ī beneficiary should not be a witness as they may lose their entitlement under the will. This is still the best way to make sure a will is validly executed because then there can be no argument that the formal requirements were not complied with. Nevertheless, it is advisable that the will-maker and the witnesses all sign immediately after each other, in each other’s presence and use the same pen. The law allows witnesses to sign the will separately, without being in each other’s presence, as long as they are both present together when the will-maker signs the will. If it is necessary for a will to be signed in this way, it is highly advisable to seek advice from a lawyer. This is useful if the will-maker is unable to sign for some reason. Section 6(1)(a) allows for a will to be signed by a person other than the will-maker, in the presence of and at the direction of the will-maker. Signing a willĪlthough the legal requirements have been relaxed over time, it is still advisable for the will-maker to sign the will at the foot or end of the will and on each page, and to initial any alterations. It is not essential for a will to have an attestation clause.Ī witness does not need to know that it is the will-maker’s will that they are witnessing (section 7). It is not essential that the will-maker signs at the foot of the will. the signature of the will-maker or person signing at the direction of, and in the presence of the will-maker must be made with the intention of executing the will. ![]() at least two of those witnesses must attest (witness) and sign the will in the presence of the will-maker (but not necessarily in the presence of each other).the will-maker’s signature must be made or acknowledged in the presence of two or more witnesses, present at the same time.it must be signed by the will-maker or by some other person in the presence of and at the direction of the will-maker.it must be in writing, either typed or handwritten.The requirements for making a valid will are: Legislation A will should comply with the legal requirements of executing a will which are found in section 6 of the Succession Act 2006 (NSW). Unless each and every one of the requirements below is met when making a will, the court may not consider the will to be valid and the estate will be dealt with as if there were no will (as an intestate estate).
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