South Australian Numbered Acts

SUCCESSION ACT 2023 (NO 30 OF 2023) - SECT 8

8—Requirements as to writing and execution of will

Subject to this Act, a will is valid only if—

            (a)         the will is made in writing; and

            (b)         the will is executed in the following manner:

                  (i)         the will is signed by the testator or by some other person in the testator's presence and by the testator's direction;

                  (ii)         the signature is made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time;

                  (iii)         the witnesses attest and sign the will (but no form of attestation is necessary);

                  (iv)         the signatures of the witnesses are made or acknowledged in the presence of the testator (but not necessarily in the presence of each other); and

            (c)         it appears, on the face of the will or otherwise, that the testator intended by their signature to give effect to the will.