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 Estate Planning FAQ Book

A Will becomes legally valid and binding as soon as it is signed by the testator (the person making the Will) and observed by two independent witnesses together who will sign to confirm this fact.

It is important that you SIGN AND DATE your Will in front of two witnesses.

Who Should I Ask To Witness My Will Signing

Anyone can be a witness to the signing of your Will as long as they are of sound mind, over the age of 18 and are not blind.

Make sure that the witnesses are as independent as possible, ideal witnesses could be neighbours or work colleagues.

It is important to note that a beneficiary must never sign the Will as a witness and neither should a close relative, such as a spouse of a beneficiary sign as a witness.

Even if the beneficiary has been named as second or third reserve beneficiary to inherit any part of the estate.

!!!!!! Making this mistake would mean they will lose their inheritance !!!!!!

A witness does not have to be a professional person such as a doctor and they are not required to have any special qualification to witness the signing of a Will.

Below is an example of how to sign & witness your Will

The Testimonium and Attestation

Signed by Joe Will

On the 12th day of January 2013

Signature of Testator: Joe Will to sign here

JOE WILL

Signed by the Testator in our joint presence and then by each of us in the presence of the Testator and each other.

Witness 1

Signature: Independent witness No 1 to sign here

Full Name: Independent witness No 1 to print full name here

Address: Line one of full address of independent witness No1 goes here
Line two of full address of independent witness No1 goes here

Occupation: Occupation of witness No 1 goes here

Witness 2

Signature: Independent witness No 2 to sign here

Full Name: Independent witness No 2 to print full name here

Address: Line one of full address of independent witness No 2 goes here
Line two of full address of independent witness No 2 goes here

Occupation: Occupation of witness No 2 goes here

Summary

Once your Will has been signed and witnessed remember to store it safely, protecting it from fire, theft and flood and remember never to staple or attach any other document to your Will as this could invalidate it.

If you need to store other documents with your Will, for example, trust documents or memorandum of wishes you can do so but leave them as separate documents.

Related Links

Mind At Rest Wills – Free Will Review
Will & Estate Planning Jargon Buster
Making A Will Online