Check how a will must be signed and witnessed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the execution page, list whether the document is in writing, who signed it, whether the signature was made or acknowledged in the presence of two or more witnesses present at the same time, and whether at least two witnesses signed in the presence of the testator. Do not say the will is valid.
- What the lawyer must review
- The lawyer decides whether the will was executed with the intention required, and whether the section applies to this will.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the execution page, list whether the document is in writing, who signed it, whether the signature was made or acknowledged in the presence of two or more witnesses present at the same time, and whether at least two witnesses signed in the presence of the testator. Do not say the will is valid. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A will is not valid unless it is in writing and signed by the testator, or by some other person in the presence of and at the direction of the testator.
- The signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time. At least two of those witnesses attest and sign the will in the presence of the testator, but not necessarily in the presence of each other.
- The signature must be made with the intention of executing the will. It need not be at the foot of the will. An attestation clause is not essential.
- The section does not apply to a will made by an order under section 18. Section 18 was not opened. The lawyer decides whether this will is outside the section.
Sources
- Succession Act 2006 (NSW) s 6 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.