What Are The Legal Requirements For Signing A Will?

For a will to be valid, it must be signed following the provisions of ss 9 and 10 of the Wills Act 1837. The legal requirements are:

• The will must be in writing.
• The testator must sign and date the will or acknowledge their signature in the presence of two or more witnesses.
• Two or more witnesses must be present when the testator signs or acknowledges their signature. They must be 18 years or older and should not be beneficiaries of the will or the spouse or civil partner of a beneficiary.
• After the testator has signed or acknowledged their signature, each witness must sign the will in the presence of the testator and provide their full name and address.
• At the time of signing, the testator must have the mental capacity to understand that they are making a will, its nature and effect, and the extent of their property.

While not a legal requirement, if a new will is created, it is essential to clarify that it revokes any previous wills to avoid future ambiguity. Typically, a clause in the new will stating the revocation of any earlier ones is sufficient.

More information is available in the By Lawyers Wills guide.