How to Sign and Witness Your Will Correctly (State Guide)

How to Sign and Witness Your Will Correctly in Australia

Signing and witnessing your Will correctly is one of the most critical steps in creating a legally valid Will in Australia. Even if your Will is perfectly drafted, incorrect signing or witnessing can render it completely invalid, leaving your estate to be distributed according to intestacy laws rather than your wishes.

This comprehensive guide explains exactly how to sign and witness your Will correctly in each Australian state and territory, common mistakes that invalidate Wills, and step-by-step instructions to ensure your Will is legally binding. For more information on creating a legally valid Will, see our guide on how to make a legally valid Will in Australia.

Can a Will Be Invalid If It’s Not Witnessed Correctly?

Yes. If your Will isn’t signed or witnessed correctly according to your state’s requirements, it may be declared invalid. This means your estate will be distributed according to intestacy laws (not your wishes), your intended beneficiaries may receive nothing, and your family may face expensive and lengthy court proceedings.

The good news: Following the correct signing and witnessing process is straightforward and takes just a few minutes. This guide will walk you through exactly what you need to do.

Why Proper Signing and Witnessing Matters

In Australia, Wills must meet strict legal requirements to be valid. The most common reason a Will is declared invalid is improper execution — meaning it wasn’t signed or witnessed correctly according to your state’s laws.

If your Will is invalid:

• Your estate will be distributed according to intestacy laws (not your wishes)
• Your intended beneficiaries may receive nothing
• Your family may face expensive and lengthy court proceedings
• Your final wishes will be ignored

The good news: Following the correct signing and witnessing process is straightforward and takes just a few minutes. This guide will walk you through exactly what you need to do.

Universal Requirements Across Australia

While each state and territory has slightly different laws, these requirements apply everywhere in Australia:

1. Two Adult Witnesses Required

• You must have at least two witnesses who are 18 years or older
• Both witnesses must be competent adults (of sound mind)
• Witnesses must be present together at the same time when you sign

2. Simultaneous Presence

• You must sign in the presence of both witnesses at the same time
• Both witnesses must see you sign (or direct someone to sign for you)
• Both witnesses must sign in your presence, and ideally in each other’s presence to avoid any doubt

3. Physical Signature Required

• You must sign with a physical signature on paper
• Digital signatures, electronic signatures, or unsigned digital documents are not legally valid for Wills
• You must print your Will before signing (digital-only versions are invalid)
• While courts can sometimes accept informal or electronic documents in exceptional circumstances under “dispensing powers”, this requires court approval, evidence, delay, and significant cost — and should never be relied upon

4. Witness Independence

• Witnesses should not be beneficiaries of your Will (this does not invalidate the Will itself, but the beneficiary’s gift may fail unless the court orders otherwise)
• Witnesses should ideally not be your spouse or partner, particularly if they are a beneficiary or closely connected to one
• Witnesses should be independent, disinterested parties

Before You Sign: Pre-Signing Checklist

Before you gather your witnesses, use this checklist to ensure everything is ready:

• Your Will is printed on paper (not just digital)
• You have read through your Will and are satisfied with all provisions
• You have two independent adult witnesses (18+) identified who are:
  • Not beneficiaries in your Will
  • Not your spouse or partner (especially if they’re beneficiaries)
  • Available to be present together at the same time
• You have a pen ready for signing
• You’re signing in a quiet, private location where you won’t be interrupted
• You’re of sound mind and understand what you’re signing

Tip: Review our guide on common mistakes people make when making a Will to avoid errors before you sign.

Step-by-Step: How to Sign and Witness Your Will

Follow these steps carefully to ensure your Will is legally valid:

Step 1: Print Your Will

Print your Will on paper. Digital versions are not legally valid — you must have a physical document to sign. Learn more about whether online Wills are legal in Australia and how to ensure your Will meets all legal requirements.

Step 2: Gather Two Witnesses

Find two adults (18+) who:

• Are not beneficiaries in your Will
• Are ideally not your spouse or partner (particularly if they are a beneficiary or closely connected to one)
• Are of sound mind and competent
• Can be present together at the same time

Good choices for witnesses:

• Neighbors
• Colleagues
• Friends (who aren’t beneficiaries)
• Professional witnesses (lawyers, notaries — though not required)

Step 3: Sign in Front of Witnesses

1. All three of you (you and both witnesses) must be present together at the same time
2. Sign your Will while both witnesses watch you sign
3. Use your usual signature (or make a mark if you’re unable to sign)
4. Date your signature if there’s space

Step 4: Witnesses Sign

1. Both witnesses must see you sign (or see someone sign at your direction)
2. Both witnesses must sign in your presence (while you’re still there)
3. Both witnesses should ideally sign in each other’s presence (they should see each other sign) to avoid any doubt
4. Witnesses should include their full names, addresses, and occupations (if required by your state)

Step 5: Store Your Will Safely

Once signed and witnessed:

• Store the original signed copy in a secure location
• Tell your executor where your Will is stored (learn more about choosing the right executor and executor duties)
• Consider storing a copy (but the original is what matters legally)

Common Mistakes That Invalidate Wills

Avoid these critical errors. For a comprehensive guide to Will mistakes, see our article on common mistakes people make when making a Will:

❌ Witnesses Sign at Different Times

Mistake: Having one witness sign, then later having the second witness sign separately.

Why it’s invalid: Both witnesses must be present together at the same time when you sign, and they must sign in each other’s presence.

Fix: Always have both witnesses present together at the same time.

❌ Beneficiary as Witness

Mistake: Having someone who receives a gift in your Will act as a witness.

Why it’s invalid: In most states, if a beneficiary witnesses your Will, their gift may be void unless the court is satisfied there was no undue influence.

Fix: Use independent witnesses who have no stake in your estate.

❌ Digital or Electronic Signature

Mistake: Signing your Will electronically or digitally.

Why it’s invalid: Australian law requires a physical signature on paper. Digital signatures are not legally valid for Wills. While courts can sometimes accept informal or electronic documents in exceptional circumstances under “dispensing powers”, this requires court approval, evidence, delay, and significant cost — and should never be relied upon.

Fix: Print your Will and sign it with a pen in front of your witnesses.

❌ Witnesses Don’t See You Sign

Mistake: Signing your Will privately, then asking witnesses to sign later.

Why it’s invalid: Witnesses must actually see you sign (or see someone sign at your direction) to confirm it was you.

Fix: Sign in front of both witnesses present together at the same time while they watch.

❌ Missing Witness Information

Mistake: Witnesses don’t include their full names, addresses, or occupations (where required).

Why it’s invalid: If witnesses can’t be located later to confirm the Will’s validity, it may be challenged.

Fix: Ensure witnesses include all required information (varies by state). Check your state’s specific requirements in our state-specific guides below.

State-by-State Requirements

While the basic requirements are similar, each state has specific rules about who can and cannot witness your Will. The most critical difference is how each state handles beneficiaries, executors, and their spouses as witnesses.

State-Specific Resources

Create Your Will Online

Ready to create your Will? Will Hero makes it easy to create a legally valid Will online in just 15 minutes. Our platform is lawyer-reviewed and compliant with your state’s requirements:

Online Wills

New South Wales

Online Wills

Victoria

Online Wills

Queensland

Online Wills

Western Australia

Online Wills

South Australia

Online Wills

Tasmania

Online Wills

ACT

Online Wills

Northern Territory

Learn More: State-Specific Will Guides

While the basic requirements are similar across Australia, each state has specific rules. Explore our detailed guides for your state:

NSW Guide

VIC Guide

QLD Guide

WA Guide

SA Guide

TAS Guide

ACT Guide

NT Guide

Summary: What You Need to Do in EVERY State to Make Your Will Legally Valid

Regardless of which Australian state or territory you’re in, follow these steps to ensure your Will is legally valid:

Universal Requirements (All States)

1. Print your Will on paper — Digital signatures are not legally valid (while courts can sometimes accept informal documents in exceptional circumstances, this requires court approval and should never be relied upon)
2. Sign your Will — Use your physical signature (or direct someone to sign for you)
3. Have two adult witnesses (18+) — Both must be present together at the same time
4. Sign in front of both witnesses — They must see you sign (or see someone sign at your direction)
5. Witnesses sign in your presence — Both witnesses must sign while you’re still there
6. Witnesses should ideally sign in each other’s presence — They should see each other sign to avoid any doubt

State-Specific Rules About Witnesses

In Victoria, Queensland, and South Australia:

• ❌ Beneficiaries CANNOT witness — Their gift will be void
• ❌ Spouses of beneficiaries CANNOT witness — Their spouse’s gift will be void
• ✅ Executors CAN witness — This is allowed (learn more about choosing the right executor)

In New South Wales, Western Australia, ACT, Tasmania, and Northern Territory:

• ⚠️ Beneficiaries CAN witness, but they lose their gift (unless court is satisfied there was no undue influence)
• ✅ Spouses CAN witness (but if their spouse is a beneficiary, the gift may still be lost)
• ✅ Executors CAN witness — This is allowed (learn more about choosing the right executor)

Best Practice for ALL States

To ensure your Will is valid and avoid complications in ANY state:

1. ✅ Use two independent adult witnesses (18+)
2. ✅ Choose witnesses who are NOT beneficiaries in your Will
3. ✅ Choose witnesses who are NOT spouses of beneficiaries
4. ✅ Choose witnesses who are ideally NOT your spouse or partner (particularly if they are a beneficiary or closely connected to one)
5. ✅ Ensure all three of you are present together at the same time when signing
6. ✅ Have witnesses sign in your presence and each other’s presence

Good choices for witnesses:

• Neighbors
• Colleagues
• Friends (who aren’t beneficiaries or related to beneficiaries)
• Professional witnesses (lawyers, notaries — though not required)

Following these best practices ensures your Will is legally valid in every Australian state and territory, regardless of where you sign it or where your assets are located.

What Happens If Your Will Isn’t Witnessed Correctly?

If your Will isn’t signed or witnessed correctly, the consequences can be severe:

Immediate Consequences

1. Your Will May Be Declared Invalid

   • Your estate will be distributed according to intestacy laws (not your wishes)
   • Your intended beneficiaries may receive nothing
   • Your final wishes will be ignored

2. Expensive Legal Proceedings

   • Family members may need to apply to court to have your Will accepted as “informal”
   • Court proceedings typically cost $5,000-$20,000+ in legal fees
   • There’s no guarantee the court will accept your Will, even with evidence

3. Delays and Stress

   • Probate proceedings can be delayed by months or years
   • Your family will face uncertainty and stress during an already difficult time
   • Disputes between family members may arise

4. Loss of Gifts

   • If a beneficiary witnessed your Will, their gift may be void (depending on your state)
   • Other beneficiaries may receive more than you intended
   • Your estate plan may be completely disrupted

Can Courts Fix It?

Australian courts have “dispensing powers” that allow them to accept informal Wills in exceptional circumstances. However:

• It’s not guaranteed — Courts will only accept informal Wills if they’re satisfied it represents your true intentions
• Requires evidence — Your family must provide evidence that you intended the document to be your Will
• Expensive — Legal proceedings cost thousands of dollars
• Time-consuming — Can take months or years to resolve
• Stressful — Adds significant stress to your family during probate

The bottom line: It’s far safer and cheaper to get it right the first time. Following the correct signing and witnessing process takes just a few minutes and ensures your Will is legally valid.

Special Situations

If You Can’t Sign Your Name

If you’re physically unable to sign your name, you can:

• Make a mark (an X or other mark) in the presence of witnesses
• Direct another person to sign on your behalf in your presence, while your two witnesses attest the Will
• The person signing for you must sign at your direction and in the presence of your two witnesses

Some states have specific requirements for this situation, so check your state’s laws.

If You’re Overseas

If you’re signing your Will overseas:

• The Will may still be valid if it meets Australian requirements
• However, it’s generally better to sign in Australia to avoid complications
• If signed overseas, ensure it meets both the local country’s requirements and Australian requirements

If You Need to Make Changes

Never make changes to a signed Will by:

• Crossing things out
• Writing in margins
• Using correction fluid
• Adding sticky notes

These changes are not legally valid and may invalidate your entire Will.

Instead: Create a new Will or a codicil (amendment) following the same signing and witnessing requirements.

After Signing: What’s Next?

Once your Will is properly signed and witnessed:

1. Store the original safely — Tell your executor where it is (learn about executor duties and where to safely store your Will)
2. Keep a copy — But remember, only the original signed copy is legally valid
3. Review regularly — Update your Will when your circumstances change (marriage, divorce, new children, etc.)
4. Inform your executor — Make sure they know where to find your Will and understand their responsibilities

Key Takeaways

• ✅ Always use two independent adult witnesses (18+)
• ✅ All three of you must be present together at the same time when signing
• ✅ Sign with a physical signature on paper (not digital)
• ✅ Witnesses must sign in your presence and each other’s presence
• ✅ Never use beneficiaries as witnesses (they may lose their gift)
• ✅ Store the original signed copy safely

Following these requirements ensures your Will is legally valid and your final wishes will be honored.