4 Comments Wills, probate, letters of administration, powers of attorney
No, there are no special requirements to be a witness, all the witness needs to do is actually see the testator sign. Using the same pen, although not necessary helps disprove any challenge.
When making your Will, you must sign it in the actual presence of at least two witnesses. Each witness must sign and add his/her complete name, address and occupation.
The Will must be made by you of your own free will, without pressure from anyone else. Creditors, beneficiaries and spouses or de facto partners of beneficiaries can witness a Will. However, I strongly recommends that beneficiaries and the spouse or de facto partner of a beneficiary NOT witness a Will. This may avoid some disputes about the validity of a Will.