A question we get asked a lot is 'who can witness my estate planning documents?' In this post we aim to outline in clear terms who can witness your documents.

Wills

For your Will to be valid, it needs to be signed in front of two (2) witnesses. These witnesses need to be over the age of 18 and preferably not mentioned in the Will itself.

Enduring Powers of Attorney and Appointments of Medical Treatment Decision Maker

An Enduring Power of Attorney and an Appointment of Medical Treatment Decision Maker need to be signed in front of two (2) witnesses, however, one (1) of these witnesses needs to be an authorised witness.

The authorised witness can be either a Medical Practitioner (e.g. your treating doctor) or a person who is authorised to witness Affidavits under the Oaths and Affirmations Act 2018, for example an Australian Legal Practitioner, a Police Officer of or above the rank of sergeant or a Public Notary. (A full list of authorised Affidavit witnesses can be located here.)

If you need to sign any of the above documents, please do not hesitate to contact our office for some guidance.