Wills Act 1997

A will is not valid unless—

it is in writing, and signed by the testator or by some other person, in the presence of, and at the direction of the testator; and

the signature is made with the testator's intention of executing a will, whether or not the signature appears at the foot of the will; and

the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

at least two of the witnesses attest and sign the will in the presence of the testator but not necessarily in the presence of each other.

Subject to the requirements of the remote execution procedure, a statement in a will that the will has been executed in accordance with this section is not necessary for the will to be valid.

Where a testator purports to make an appointment by his or her will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed in accordance with this section.

Where a power is conferred on a person to make an appointment by a will that is to be executed in some particular manner or with some particular solemnity, the person may exercise the power by a will that is executed in accordance with this section, but is not executed in that manner or with that solemnity.

For the purposes of this section, a will may be executed by using the remote execution procedure and that will is a valid will.

For the purposes of this section, a signature may be an electronic signature if the remote execution procedure is used.

For the purposes of this section "in the presence of" includes being present by audio visual link in accordance with the remote execution procedure.