Who can witness a Will?
Choosing the right witnesses for your Will is just one element of making sure your Will meets all of the required formalities.
A common question I get asked is ‘Can a beneficiary of the Will also witness the Will?’ After all, this can seem like a conflict of interest.
According to the Victorian Wills Act 1997, a person who witnesses the Will of their spouse or domestic partner is NOT disqualified from taking a benefit under that Will.
However, in some other Australian jurisdictions, beneficiaries of your Will are discouraged from witnessing your Will, as complications may arise as to their eligibility to benefit under your Will.
It is also important to make sure that both of the witnesses to your Will have reached the age of 18.
From my experience, the sensible course of action is to have two independent witnesses present to witness the signing of the will.
One of these witnesses would ideally be an experienced lawyer in Estate Law who can ensure formalities are met.
Furthermore, having two independent witnesses to the Will can avoid any potential accusations of undue influence from disgruntled family members.
Can a Will be witnessed remotely, such as over a Zoom call?
in Victoria, the Wills Act 1997 states that a witness must visually see the Will maker put pen to paper when signing a Will. The easiest way to make sure this happens is to have everyone gathered in the same room. Alternatively, it is possible to witness a Will being signed using a video call. But the same rules apply – the witness must see the pen being put to paper during signing. It can’t take place ‘off screen.’
Article written by Mark Murnane
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
