Who Can Witness a Will in Australia? State by State

Witnessing is where most home-made wills go wrong, and the rules aren't the same across Australia. The number of witnesses is the same everywhere, but what happens when a beneficiary signs as a witness depends on the state. This page puts every state and territory side by side, with a link to the Act or the official page we read on 30 October 2026, and explains why two independent adults are the answer that works in every state.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

The short answer

In every state and territory, you sign your will, or acknowledge your signature, in front of at least two witnesses who are present at the same time, and they sign in your presence. The witnesses need to be able to see you sign. Western Australia's, Queensland's, Tasmania's and the NT's Acts say a person who can't see and attest your signature can't be a witness.

The safest witnesses everywhere are two adults who:

• receive nothing under your will
• aren't the spouse or partner of anyone who receives something
• can stay for the whole signing
• could be found later if anyone asks how the will was signed

That last point is practical, not legal. A neighbour or a colleague who isn't named in the will often fits.

State and territory table

Each state has its own page with more detail: NSW, Victoria, Queensland, WA, SA, Tasmania, ACT and NT.

Can a beneficiary witness a will?

The honest answer is that it depends on the state. There are three groups.

States where the will and the gift survive. Victoria's Wills Act 1997 (s 11) says a witness, or their spouse or domestic partner, isn't disqualified from taking a benefit. South Australia's Succession Act 2023 (s 13) says the same in effect, and the ACT's Wills Act 1968 (s 15) says no will or provision is void only because a beneficiary or their domestic partner witnessed it. Even so, South Australia's Law Handbook says it is preferable to use people not named in the will, and the ACT Public Trustee and Guardian's FAQs say a beneficiary witness may be excluded from benefiting.

States where the gift can fail. In Queensland (s 11), Tasmania (s 12) and the NT (s 12), a gift to a person who witnessed the will is void as far as it concerns that person. The rest of the will still works. Each Act has exceptions, which differ slightly:

• Queensland and the NT: the gift survives if at least two other witnesses aren't beneficiaries, if the people affected consent in writing, or if a court is satisfied you knew and approved of the gift
• Tasmania: the gift survives if more than two people witnessed and at least two were independent, or if the people affected consent in writing, and the witness can apply to the Supreme Court, generally within 6 months of probate

NSW and WA. We couldn't read the NSW Act on 30 October 2026, but NSW Trustee and Guardian and Legal Aid NSW both say witnesses should not be beneficiaries. In the WA compilation we read, the old section dealing with beneficiary witnesses was deleted in 2007 and we found no replacement. Treat both as "don't".

In every state, using an independent witness costs nothing and removes the question entirely.

Can a family member witness a will?

An adult family member can be a witness in every state, as long as they are able to see you sign. The issue is whether they, or their spouse, benefit under the will. If your adult child is a beneficiary, they're a poor choice of witness everywhere, and a risky one in Queensland, Tasmania and the NT. Tasmania Legal Aid says a witness can't be a beneficiary or your spouse, or they lose their entitlements.

Can a JP witness a will?

Yes, but a will doesn't need a JP. Any adult who can see you sign can witness a will. A justice of the peace, lawyer or other authorised person matters more for powers of attorney (see below) and for Victoria's remote witnessing procedure, where one witness must be a lawyer, JP or member of a prescribed class.

Can witnesses sign at different times?

In every state, the two witnesses must be present at the same time when you sign or acknowledge your signature. Most Acts then let each witness sign in your presence without needing the other witness to watch. The ACT is the exception: section 9 of the Wills Act 1968 requires each witness to sign in your presence and the presence of the other witness. If you live in the ACT, keep everyone in the room until all three signatures are done.

Can a will be witnessed by video?

Victoria's Wills Act 1997 has a remote execution procedure in section 8A, which allows witnessing by audio visual link if one witness is a special witness and every step happens on the same day in Victoria. We didn't find an equivalent procedure in the other state and territory Acts we read for this site. If you need remote witnessing outside Victoria, ask your Public Trustee or a lawyer.

Who can witness a power of attorney?

Powers of attorney have stricter witness rules than wills, and the forms differ by state. A few examples from official pages we read:

More in our power of attorney guide.

What if the will was witnessed wrongly?

If a will doesn't meet the formal rules, it isn't valid in the usual way. Several states let the Supreme Court accept an informal document as a will in some circumstances, such as section 32 of the WA Act and section 10 of the Tasmanian Act. That is a court application after your death, at a cost to the estate. If you're still alive, the fix is simple: sign a fresh will with the right witnesses. Our guide to whether a will kit is legal explains what else can go wrong.

Frequently asked questions

How many witnesses does a will need in Australia?

At least two, present at the same time, in every state and territory.

Can my partner witness my will?

Avoid it. If your partner benefits under the will, their witnessing can cost them the gift in Queensland, Tasmania and the NT, and official sources in NSW and Tasmania say not to use a beneficiary or a spouse.

Can an executor witness a will?

An executor who receives nothing under the will isn't a beneficiary. Tasmania's Act (s 8(7)) says an executor isn't incompetent to be a witness on that account. Many executors are also beneficiaries, though, and then the beneficiary rules apply.

Do witnesses need to read the will?

No. Queensland's and Tasmania's Acts say witnesses don't need to know the document is a will. They are witnessing your signature, not the contents.

Do witnesses need ID or a JP stamp?

Not for a will in any Act we read. If your kit has spaces for the witnesses' names and addresses, fill them in.

Is a will valid with only one witness?

Not under the usual rules in any state. A court may sometimes accept a document that doesn't meet the formal rules, but you shouldn't rely on that.