Who can witness
There is no statutory provision which forbids any person from witnessing a will. There is also no statutory provision which sets out who is qualified to witness a will. Creditors and their wives or husbands (Wills Act 1959 – Sect 10), executors (Wills Act 1959 – Sect 11), beneficiaries and their wives or husbands (see however Wills Act 1959 - Sect 9) are admissible witnesses to prove execution of will. Blind people cannot act as a witness (Re Gibson [1949]P 434.
This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.
Wills - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This Wills Step-by-Step Legal Practice Guide and Precedents contains precedent wills and guidance for the following three situations:
- for a single testator
- for spouse to spouse, and then children; and
- using schedules for use in blended family and other more complex situations
As with all Step-by-Step Guides this guide takes you sequentially through a Wills matter from getting the matter underway and taking instructions, right through to finalisation.
A wide range of issues are discussed including testamentary capacity, revocation, executors, and estate duty. This guide includes a Library of Provisions.