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RTA Residential Tenancies Act

RTA · Wills and Succession Act

Part 2 — Wills Interpretation and Application of Part 2

20 Witnesses to signature

Current to 2025-06-11 · Official PDF

(1) An individual may be a witness to a signature of the testator
if the individual has the mental capacity to do so.
(2) An individual who signs a will on behalf of a testator is not
eligible to witness the signature of the testator.
(3) An individual who witnesses a signature of a testator is not
disqualified as a witness to prove the making of the will or its
validity or invalidity only because the individual is
(a) an executor of the will,
(b) a beneficiary under the will, or

(c) the spouse or adult interdependent partner of an executor or
a beneficiary.
(4) A will is not invalid only because
(a) a witness to the signature o f the testator did not know at the
time of witnessing the signature that the document being
signed was a will,
(b) a witness to the signature o f the testator was at the time of
witnessing the signature, or afterwards became, incapable of
proving the making of the will, or
(c) more than 2 individuals w itnessed the signature of the
testator.