Probate Office – Affidavit of Due Execution by a Non-Signing Witness

This affidavit template may be used where information is needed about how a will was signed and an affidavit cannot be obtained from either of the witnesses who signed the will.

This affidavit should be completed by a person who was present when the will was signed but did not sign the will as a witness.

This template may be used where information is needed about how a will was signed and the witnesses who signed the will are unable to provide evidence.

An affidavit of due execution may be required where:

• the will does not provide enough information about how the will was signed;
• there is a question about whether the will was properly signed because different pens were used, or signatures appear unusual; 
• the will was read over, explained or translated to the deceased before it was signed;
• the will consists of more than one page and information is needed to confirm that all pages formed part of the will when it was signed; or 
• the Probate Office has requested evidence about the circumstances in which the will was signed.

This template asks for information about:

• who was present; 
• who signed the will;
• when and where the will was signed; and
• any other circumstances the witness personally observed before, during or immediately after the will was signed.

The template is designed to assist a person who was present when the will was signed to provide evidence about what they personally saw and heard.

Evidence from a witness who signed the will is usually the most helpful evidence where information is needed about how the will was signed. 

If an affidavit cannot be obtained from either of the witnesses who signed the will, the Probate Office will usually require an affidavit explaining the steps taken to obtain that evidence before considering other evidence about the execution of the will.

This template is usually used where another person was present when the will was signed and can provide evidence about what they personally observed.

If the will was signed using the remote execution procedure under section 8A of the Wills Act 1997, an affidavit of due execution by remote execution procedure should be used instead.

The following templates may also be relevant:

• Affidavit Providing Additional Information and Evidence
• Affidavit of Due Execution by a Signing Witness
• Affidavit of Due Execution by Remote Execution Procedure