---
title: "Check how a will must be signed and witnessed"
url: "https://ailawframework.com/practice/trusts-and-estate-planning/check-how-a-will-must-be-signed-and-witnessed"
type: "task"
site: "AI Law Framework"
id: "A19-JU20261022-16"
practice_area: "Trusts & Estate Planning"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check how a will must be signed and witnessed

> 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…

Canonical page: https://ailawframework.com/practice/trusts-and-estate-planning/check-how-a-will-must-be-signed-and-witnessed  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Trusts & Estate Planning](https://ailawframework.com/practice/trusts-and-estate-planning.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

A will is in writing and signed, the signature is made or acknowledged before two witnesses together, and at least two witnesses sign in the testator's presence.

- What the AI does: 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 does: The lawyer decides whether the will was executed with the intention required, and whether the section applies to this will.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Sources

- [Succession Act 2006 (NSW) s 6](https://classic.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s6.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/trusts-and-estate-planning/check-how-a-will-must-be-signed-and-witnessed/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*