Who Can Be a Witness to a Will in Western Australia? (2026 Guide)

If you are creating a Will in WA, witnessing is one part of the full legal process. Online Wills Western Australia walks through state-specific steps, printing, and signing from start to finish. For how online Wills fit Australian law generally (print, sign, witness), see is an online Will legal in Australia?.

Making a Will in WA is not only about what you write—it is about how you sign and witness the document. The rules sit in the Wills Act 1970 (WA). Getting witnessing wrong is one of the most common reasons Wills fail or end up in court. This article focuses on who can be a witness and how WA compares to other states.

Legal requirements for witnessing a Will in WA

For a Will to be valid under the usual formalities in WA:

• The will-maker must sign the document (or acknowledge a signature in the way the Act allows).
• Two witnesses must be present at the same time (in practice, this means physically together when the will-maker signs).
• Both witnesses must see the will-maker sign (or acknowledge the signature).
• Both witnesses must then sign the Will.

These steps are legally strict. Even small procedural mistakes—wrong order, witnesses not together, or unclear signatures—can leave estates contested or dealt with under intestacy instead of your Will.

For the full WA checklist (capacity, writing, execution), see How to Make a Will in Western Australia.

Who can be a witness?

A witness in WA should:

• Be an adult (18+). The Act refers to “witnesses” without expressly requiring 18+, but minors create evidentiary risk—using adults is standard practice.
• Have mental capacity to understand they are witnessing a Will.
• Be able to see the signing (or acknowledgment) occur.
• Be present at the same time as the will-maker and the other witness in each other’s presence when signing (in practice, physically together).

Common practical choices when people need uninterested witnesses include friends, colleagues, neighbours, or other adults with no interest in the estate.

Can a beneficiary witness a Will in WA?

This is where Western Australia differs from some other states.

In WA:

• A beneficiary can legally witness a Will.
• Even a spouse or family member who takes a gift under the Will may act as a witness under the Act.

Unlike NSW and Queensland, the gift is not automatically invalid for that reason alone—but it may attract scrutiny if the Will is challenged (for example around undue influence or knowledge and approval).

Still:

• It is not recommended.
• It can increase the risk of disputes.
• It may draw extra attention at probate.

Best practice in WA (and across Australia): use two independent witnesses who do not benefit under the Will and are not closely tied to someone who does.

Who should not be a witness?

Even though WA law allows more flexibility than some states, you should still avoid as witnesses:

• Beneficiaries named in the Will
• Spouses or partners of beneficiaries (where that could show an interest)
• Anyone with a clear financial stake in how your estate is divided

Why? It reduces the risk of a challenge, can smooth probate, and avoids unnecessary legal complexity. The same uninterested-witness approach is what lawyers and courts prefer everywhere in Australia.

For more signing pitfalls, see common mistakes when making a Will and our national guide how to sign and witness your Will correctly.

Do witnesses need to read the Will?

No.

Witnesses:

• Do not need to read the Will
• Do not need to understand who gets what

Their role is to confirm that the will-maker appeared to understand what they were signing and acted voluntarily—not to judge the fairness of the gifts.

How WA compares to other states

Key takeaway: All states need two witnesses and same-time presence for standard formal Wills. The big divide is how interested witnesses are treated under statute. WA is more flexible than NSW/QLD; uninterested witnesses remain best practice in WA (and across Australia).

What happens if witnessing is done incorrectly?

If witnessing is flawed:

• The Will may be invalid, or someone may need a court application to have it treated as an informal Will (where the law allows).
• The estate may fall under intestacy rules.
• The Supreme Court of Western Australia may need to resolve the matter.

That can mean delays, legal costs, and outcomes that do not reflect your wishes.

Practical tips to get it right

• Use two independent adult witnesses.
• Have everyone in the same room when you sign; then have both witnesses sign in that shared presence.
• Use clear, consistent signatures (and follow any instructions on the printed document).
• Do not alter the Will after signing without making a new valid Will (with fresh execution).

Will Hero provides WA-specific signing and witnessing instructions when you create your Will for Western Australia.

How this fits into making a Will in WA

Witnessing is one part of a legally valid Will in Western Australia. For the full picture:

• Online Wills Western Australia — hub for creating a WA Will online, requirements, and next steps
• How to Make a Will in Western Australia — detailed guide under the Wills Act 1970 (WA)
• Online Wills Perth — if you are specifically in the Perth metro area

You may also want how to sign and witness your Will correctly (national), common mistakes when making a Will, and what happens if you die without a Will in WA—including when a document may not be treated as a valid Will.

Ready to make your Will the safe way? Start with Will Hero for Western Australia—state-specific questions, clear witnessing guidance, professional review, and pricing from $99. See how Will Hero works for the path from your answers to a document ready to print and sign.