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This affidavit is required to be filed to establish whether a will was executed in accordance with the requirements set out in the Wills Act 1997.

An affidavit of due execution is required in the following circumstances:

a) where the will was executed by a testator affixing their mark to the will;
b) where the will contains no attestation clause or the attestation clause is insufficient to afford evidence of due execution;
c) where the will bears no date of execution or there is doubt as to the date of execution;
d) where the will was or appears to have been executed by a blind or illiterate person or by another person at the direction of the testator;
e) in any other case in which it is required by the Registrar.

Such affidavit is to be completed (with additional paragraphs added if required) and then sworn/affirmed by at least one of the subscribing witnesses to the will.

These forms are provided for information purposes only and do not constitute legal advice. If you require any further information you are encouraged to obtain legal advice.

Supreme Court of Victoria
Supreme Court of Victoria
Date of publication