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How must a Will be signed and witnessed to make it legally valid?

For your Will to be valid in law you need to sign and date each page of your own Will where indicated at the bottom of each page.

You must sign your Will in the presence of two independent witnesses. 

Please also ensure that the witnesses are not family members as this could lead to them being excluded from inheriting under your Will.  A couple of friends or neighbours would be perfectly appropriate.

Please note it is preferable that Will Owners and witnesses use the same black pen.

Once you have signed your Will in front of your two witnesses, the witnesses must also sign your Will where indicated at the bottom of each page, using the same black pen preferably. 

Please ensure that the witnesses’ full names and addresses are added in the space provided at the end of your Will.

Step by step signing instructions are provided in all Will Wizard® portfolios as part of the document titled Guide For Will Owners.

Have questions? Contact us.

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Does a Witness need to read the Will?

A witness to the signing of a Will does not need to read the Will. They just need to watch the Will Owner and the other witness sign the Will.

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When does the Will become a valid legal document?

You Will becomes a valid legal document once it has been signed and witnessed. However, your Will does not become ‘operational’ until after your death, and if applicable, until a grant of probate has been obtained by your executor from the Probate Registry of the Supreme Court.

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What do I do with my Will after it has been signed?

Store it somewhere safe, and make sure your nominated executor know where it is. Do not staple or clip anything to your signed original Will. If staple or clip marks are visible, the court will need to be satisfied that your original Will did not have a Codicil attached that has been removed, which will add a considerable cost to your estate and delay for Probate to granted by the Probate Registry of the Supreme Court.

It is also important that you destroy any previous Will you may have to ensure that your executor does not seek a grant of probate with the wrong Will. Alternatively, you can revoke a previous Will by writing on the previous Will something to the effect of ‘Replaced by Will dated ’. 

Have questions? Contact us.

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