Who Can Witness a Will in NSW? (2026 Guide)

If you are creating a Will in NSW, witnessing is one part of the full legal process. Online Wills NSW walks through the 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 NSW is not only about what you write — it is about how you sign and witness the document. The rules sit in the Succession Act 2006 (NSW). Getting witnessing wrong is one of the most common reasons Wills fail or end up in court. This article focuses on who can witness a Will in NSW and how the state compares to the rest of Australia.

Legal requirements for witnessing a Will in NSW

Under section 6 of the Succession Act 2006 (NSW), a Will is valid where:

• The will-maker signs the Will (or someone else signs it in their presence and at their direction).
• The signature is made or acknowledged by the will-maker in the presence of two or more witnesses present at the same time.
• At least two of those witnesses attest and sign the Will in the presence of the will-maker.

One NSW detail is worth noting: the witnesses must sign in the presence of the will-maker, but not necessarily in the presence of each other. In practice, the simplest and safest approach is to have everyone in the same room so all the signing happens together.

These steps are strict. Even small procedural mistakes — witnesses not present at the same time, or someone not signing in front of the will-maker — can leave an estate contested or dealt with under intestacy instead of your Will.

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

Who can be a witness?

A witness in NSW should:

• Be an adult (18+). The Act does not expressly set a minimum age for witnesses, but minors create evidentiary risk, so using adults is standard practice.
• Have the 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) when the will-maker signs.

Common independent choices are friends, colleagues, neighbours, or other adults with no interest in the estate.

Can a beneficiary witness a Will in NSW?

This is where New South Wales is stricter than some other states — and where people get caught out.

In NSW, a beneficiary can physically witness a Will, but doing so can cost them their gift. Under section 10 of the Succession Act 2006 (NSW), a beneficial disposition to a person who witnesses the Will — or to a person claiming under that witness — is void, unless one of these exceptions applies:

• At least two of the other witnesses are people who are not beneficiaries; or
• Everyone who would benefit from the gift being voided consents in writing (and has the capacity to do so); or
• The Supreme Court of NSW is satisfied the will-maker knew and approved of the gift and that it was made freely and voluntarily.

In other words, unlike Western Australia — where the gift is not automatically invalid — NSW can void the gift outright unless a specific exception is met. Relying on a court exception means delay, legal cost, and uncertainty at exactly the moment your family can least afford it.

As a matter of best practice in NSW (and across Australia), use two independent witnesses who do not benefit under the Will — and, to be safe, are not the spouse or partner of someone who does.

Who should not be a witness?

In NSW you should avoid as witnesses:

• Beneficiaries named in the Will
• Spouses or partners of beneficiaries — a sensible precaution, and a spouse who benefits may count as a person claiming under the witness
• Anyone with a clear financial stake in how your estate is divided
• Anyone who cannot see you sign — under section 9, a person who is unable to see and attest that you have signed cannot act as a witness

Using independent witnesses removes the risk that a gift is void, reduces the chance of a challenge, and helps smooth probate. It is the same approach 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. To see how NSW compares with every other state and territory, use our state-by-state witness comparison table.

Do witnesses need to read the Will?

No. Witnesses do not need to read the Will, and they 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 NSW compares to other states

Key takeaway: all states need two witnesses and same-time presence for a standard formal Will. The difference is how interested witnesses are treated under statute. NSW is among the stricter states — a gift to a witness can be void — so independent witnesses do not just follow best practice, they protect the gift itself.

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 admitted as an informal Will under section 8 of the Succession Act 2006 (NSW), where the court is satisfied the document records your testamentary intentions.
• The estate may fall under intestacy rules.
• The Supreme Court of New South Wales 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 who do not benefit under the Will.
• Have everyone in the same room when you sign, then have both witnesses sign in your presence.
• Make sure each witness can clearly see you sign.
• 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 NSW-specific signing and witnessing instructions when you create your Will for New South Wales.

How this fits into making a Will in NSW

Witnessing is one part of a legally valid Will in New South Wales. For the full picture:

• Online Wills NSW — hub for creating an NSW Will online, requirements, and next steps
• How to Make a Will in NSW — detailed guide under the Succession Act 2006 (NSW)
• Online Wills Sydney — if you are specifically in the Sydney 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 NSW — 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 New South Wales—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.