Two witnesses are required in a will. This is stated at Section 5 of Wills Ordinance, Cap.30.
The witnesses must have seen, or have had the opportunity of seeing, the testator’s signature, even though they are unaware of the nature of the document they are asked to sign, and they must both subscribe their names after this has occurred in their joint presence. (Note 1)
Their signatures should be clearly intended to attest the testator’s signature. But if their signatures appear on a separate sheet, it must be shown by affidavit that this sheet is physically connected (eg with a pin) with the sheet on which the testator signed. (Note 2)
Ω Section 10 of Wills Ordinance states avoidance of gifts to attesting witnesses and their spouses.
(1) If a person attests the execution of a will, and any disposition of or affecting any property (other than charges and directions for the payment of any debt) is given or made by the will to that person or his spouse, that disposition shall, so far only as concerns the person attesting the execution of the will, or the spouse of that person, or any person claiming under that person or spouse, be void.
(2) The person so attesting shall be admitted as a witness to prove the execution of the will, or to prove the validity or invalidity thereof, notwithstanding such disposition.
(3) For the purposes of subsection (1) of this section the attestation of a will by a person to whom or to whose spouse there is given or made any such disposition as is described in that subsection shall be disregarded if the will is duly executed without his attestation and without that of any other such person.
Ω Section 12 states executor admissible as witness.
A person shall not, by reason only of his being an executor of a will, be incompetent to be admitted a witness to prove the execution of such will, or a witness to prove the validity or invalidity thereof.
Note 1 : RR D’Costa, JI Winegarten, T Synak, “Tristram And Coote’s Probate Practice”, 30 ed, Butterworth, 2006, page 71.
Note 2 : RR D’Costa, JI Winegarten, T Synak, “Tristram And Coote’s Probate Practice”, 30 ed, Butterworth, 2006, page 73-74.