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Signing a will, having it witnessed & witnesses

Where do you go to execute your will?

Normally this would be in the offices or place of business of your solicitor who prepared your will.  Or if you engaged the public trustee, in their offices. 

Some solicitors may mail out the draft will to clients with instructions on the procedure to be followed for execution.  Once done the will is then returned for checking and maybe storage. Or the solicitor may attend the client’s home, place of care or hospital as required.

 

Footnotes


1.  Statute of Frauds, An Act for prevention of Frauds and Perjuryes, 29 Car 2 c 3, 1677.  An Act of  the English Parliament applying to contracts for sale of land and wills, among other matters.  To be valid and enforceable these documents must be in writing, signed and witnessed. 2.  Wording from the respective statutes.   Click here to go to the legislation page to see links to respective state/territory statutes. 3. Morrison-Conway & Anor; Estate of the Late J C Walsh [2018] NSWSC 685

 

B Stead BHS Legal,23 September 2014, last updated July 2023

Important notice: This article is intended for general interest and information only. It contains general information and is not specific to anyone’s personal circumstances. It is not legal advice nor should it be used as such. Always consult a legal practitioner for specialist legal advice specific to your needs and circumstances and rely upon that. While every effort is made to ensure accuracy at the time of writing applicable laws may change.

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