Queensland Consolidated Acts
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SUCCESSION ACT 1981 - SECT 10
How a will must be executed
10 How a will must be executed
(1) This section sets out the way a will must be executed.
(2) A will must
(a) in writing; and
(b) signed by—
(i) the testator; or
else, in the presence of and at the direction of the testator.
signature must be made or acknowledged by the testator in the presence of 2 or
more witnesses present at the same time.
(4) At least 2 of the witnesses must
attest and sign the will in the presence of the testator, but not necessarily
in the presence of each other.
(5) However, none of the witnesses need to
know that the document attested and signed is a will.
(6) The signatures need
not be at the foot of the will.
(7) The signature of the testator must be
made with the intention of executing the will.
(8) The signature of a person,
other than the testator, made in the presence of and at the direction of the
testator must be made with the intention of executing the will.
(9) A will
need not have an attestation clause.
(10) A person who can not see and attest
that a testator has signed a document may not act as a witness to a will.
(11) If a testator purports to make an appointment by will in the exercise of
a power of appointment by will, the appointment is not valid unless the will
is executed under this section.
(12) If a power is conferred on a person to
make an appointment by will and the appointment must be executed in a
particular way or with a particular solemnity, the person may make the
appointment by a will that is executed under this section but is not executed
in the particular way or with the particular solemnity.
(13) This section
does not apply to a will made under an order under section 21 .
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