Basically, anyone can be your witness, however, it must be remembered that your beneficiary and the spouse of the beneficiary cannot be your witness. In the event of a beneficiary or beneficiary’s spouse witnessing your Will, the gift to that named person shall be void by virtue of Section 9 of Wills Act 1959 (Act 346). However, this will not affect the validity of your Will. Thus, your witness must be:
- Sound mind;
- Above the age of 18; and
- Is not a beneficiary to your Will or Spouses of beneficiaries.
Your executor can also be your witness as long as he/she is not a beneficiary to your Will.
