35Witness to making of written declaration

35 Witness to making of written declaration (1) A person is eligible to witness the making of a written declaration if the person is— (a) aged 18 years or more; and (b) not an ineligible witness. (2) A person is an ***ineligible witness*** for the purposes of a written declaration if the person— (a) knows or believes that the person— (i) is a beneficiary under a will of the person making the declaration; or (ii) may otherwise benefit financially or in any other material way from the death of the person making the declaration; or (b) is an owner of, or is responsible for the day‑to-day operation of, any health facility at which— (i) the person making the declaration is being treated; or (ii) the person making the declaration resides; or (c) is directly involved in providing health services or professional care services to the person making the declaration. (3) Not more than one witness may be a family member of the person making the written declaration.