Probate Office – Affidavit of Due Execution by Remote Execution Procedure

This affidavit template may be used where information is needed about a will that was signed using the remote execution procedure under section 8A of the Wills Act 1997. 

This affidavit should be completed by a witness who took part in the remote execution procedure. 

Where possible, the affidavit should be completed by the special witness.

This template may be used where evidence is needed about a will that was signed using the remote execution procedure.

The template asks for information about:

• who participated in the remote execution procedure;
• where the participants were located;
• whether participants were physically present or took part using audio visual technology;
• what the witness personally observed when the will was signed; and
• the steps taken to ensure the requirements of the remote execution procedure were followed.

The template is designed to assist a witness to provide evidence about what they personally saw, heard and experienced during the remote execution procedure.

Evidence from a witness who participated in the remote execution procedure is usually the most helpful evidence where information is needed about how a will was signed using that procedure.

Where possible, the affidavit should be completed by the special witness.

If an affidavit cannot be obtained from a witness who participated in the remote execution procedure, 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.

The following template may be relevant:

• Affidavit Providing Additional Information and Evidence