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Can a family member witness a Will?

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The witnesses on your Will should be independent witnesses. The characteristics of an independent witness are that he/she:


  • Is fourteen (14) years or older;

  • Is mentally capable of providing testimony in court, at the time of signing;

  • Is not specified in the Will (for example as Executor, Trustee, Heir, Legatee or Trustee);

  • Is not the spouse of anyone who has been specified in the Will (the Testator/Testatrix, Executor, Trustee, Heir, Legatee or Beneficiary([ies]).


Therefore, if your family member is neither specified in the Will nor is married to anyone specified in the Will, then he/she may act as witness on your Will.