Who can witness a will in South Australia?
Any adult can witness a will in SA – but there are specific rules about beneficiaries, their spouses, and capacity. Here's who to choose.
Any adult of sound mind can witness a will in South Australia. But witnesses should not be beneficiaries or spouses of beneficiaries – if they are, the gift to that beneficiary is void.
The basic rule
Section 8 of the Wills Act 1936 (SA) requires two witnesses to be present at the same time when the testator signs. Each witness must then sign the will in the presence of the testator and each other.
Who makes a good witness
Independent adults
The ideal witness is an adult who doesn't benefit under the will and has no close relationship to anyone who does. Friends, neighbours, colleagues, solicitors, and JPs all work.
People who can confirm capacity
Good witnesses can give evidence about the testator's state of mind at signing. A doctor, JP, or solicitor is particularly strong here – their evidence carries weight if the will is contested.
Who shouldn't witness
Beneficiaries
If a beneficiary signs as a witness, the gift to them is void under section 17 of the Wills Act. The will itself remains valid – only the gift to the witness-beneficiary fails.
Spouses of beneficiaries
The same rule applies to spouses. A witness-beneficiary's partner cannot retain the gift either.
People under 18
Minors cannot be witnesses. Even 17-year-olds who are otherwise mature – the rule is a strict age test.
Potentially vulnerable people
Anyone whose own capacity or voluntariness might be questioned should be avoided as a witness. The purpose of witnessing is partly evidentiary – their testimony may be needed if the will is challenged.
What about JPs and notaries?
JPs (Justices of the Peace) are strong witnesses – they're trained, independent, and experienced. Solicitors and notaries also work well. None of these are legally required, but they add evidentiary weight.
International wills
Wills signed overseas face additional requirements under the Hague Convention. If you're signing your will while travelling, talk to a lawyer about the Australian-abroad execution rules first.
Summary
Choose two adult witnesses who don't benefit under the will and have no close relationship to beneficiaries. Independent adults with stable capacity are ideal. When in doubt, ask a JP or solicitor.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our wills service, or book a consultation.
Related reading
- What makes a will valid in South Australia
- How to make a valid will in South Australia
- Wills – our approach
Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.