Signing and Witnessing a Will

While a beneficiary or a beneficiary's spouse may witness a will in South Australia, it is preferable to avoid this situation, particularly if the will may be contested.

A will is validly signed and witnessed if the following steps are taken.

  • The testator must have read, understood and approved of everything in the will.
  • Before the will is signed, the testator and the witnesses should initial any alterations to the will.
  • Before it is signed, the will should be dated either at the beginning (see sample wills) or at the bottom of the will in the following words:

Signed and witnessed this day of 2010

  • In the presence of both witnesses, the testator should sign in pen at the end of the will and preferably, but not necessarily, at the foot of each (numbered) page.
  • In the presence of the testator, the witnesses should sign at the end of the will under the signature of the testator, using the same pen as the testator.
  • The will of a testator who cannot read should be read to the testator by one of the witnesses in the presence of the other witness and the witnesses must state in the that they heard the will read and were satisfied that the testator understood and approved of it.
  • A testator who cannot write because of illiteracy or physical disability can place a mark (normally a cross) where she or he would normally sign and the witnesses must state in the that the mark was made by the testator.
  • The will of a testator who does not understand the English language should be read to the testator in her or his language by one of the witnesses in the presence of the other witness and the witnesses must state in the that the testator understood and approved of it.
  • Wills should not be executed in duplicate. There should only be one original, signed copy of the will. Photocopies may be made. It is a good idea to note on the photocopies where the original is kept.
  • No writing or alteration should be made on a will after it is signed.
  • No pins or paper clips should be attached to a will.

Alterations before signing

Wills can be altered before signing, but the testator, and both witnesses, must sign or initial in the margin or near the alteration. If this is not done, the court will assume that the alteration was made after the will was signed and the alteration will not be effective unless the court waives the formalities, see waiving formalities. Once a will has been signed there can be no alteration, either by crossing out or writing in new clauses, unless the new clauses are executed in the same manner as a will.

Attestation clause  :  Last Revised: Fri May 30th 2014
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.
Link to sa.gov.au - find what you're looking for

© Legal Services Commission - All Rights Reserved
Funded with the support of the Governments of Australia and South Australia Website by CeRDI