Legal Templates
Self Proving Affidavit Form

Self Proving Affidavit Form for Australia

Self Proving Affidavit Form Template for Australia

A Self Proving Affidavit Form is a formal legal document used in Australian jurisdictions to validate the proper execution of a will. It contains sworn statements from the original witnesses to the will's signing, confirming that all legal requirements were met during the will's execution. The document includes detailed information about the testator's identity, mental capacity at the time of signing, and the circumstances under which the will was executed. This affidavit, when properly executed, helps streamline the probate process by providing pre-prepared evidence of the will's validity, reducing the need for witness testimony during probate proceedings.

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What is a Self Proving Affidavit Form?

The Self Proving Affidavit Form serves as a crucial document in Australian estate planning, designed to facilitate smoother probate proceedings after the testator's death. This document is typically executed immediately after a will is signed, while memories are fresh and witnesses are readily available. The affidavit removes the need to locate witnesses years later when the will enters probate, as it provides contemporaneous evidence that all legal formalities were observed during the will's execution. Created under Australian law, it must comply with relevant state/territory legislation and the Evidence Act 1995 (Cth). The document includes sworn statements about the testator's identity, mental capacity, and the circumstances of the will signing, made by those who witnessed the original will execution.

What sections should be included in a Self Proving Affidavit Form?

1. Title and Jurisdiction: Specifies the document type and jurisdiction where the affidavit is being made

2. Deponent Details: Full legal name, address, and occupation of the person making the affidavit (witness to the will)

3. Will Execution Details: Date, location, and circumstances of the will execution

4. Testator Identification: Full details of the testator including full legal name, address, and any other identifying information

5. Witness Attestation: Statement confirming that the witness saw the testator sign the will or acknowledge their signature

6. Sound Mind Declaration: Statement attesting that the testator appeared to be of sound mind and under no duress

7. Proper Execution Confirmation: Declaration that all legal formalities were observed in the will's execution

8. Oath/Affirmation: Formal statement declaring the truth of the contents

9. Signature Block: Space for deponent's signature, date, and authorized witness details

What sections are optional to include in a Self Proving Affidavit Form?

1. Interpreter Declaration: Required when an interpreter was used during will execution

2. Physical Disability Accommodation: Required when the testator had physical limitations requiring special assistance in signing

3. Multiple Will Copies: Required when multiple original copies of the will were executed

4. Additional Witness Statement: Used when more than two witnesses were present at the will signing

5. Capacity Assessment: Additional details about the testator's mental capacity assessment, if relevant

What schedules should be included in a Self Proving Affidavit Form?

1. Witness Identification Documents: Copies or details of identification documents provided by witnesses

2. Certificate of Authorized Person: Details and credentials of the authorized person (e.g., lawyer, notary) who witnessed the affidavit

3. Photograph Schedule: If relevant, photographs confirming the identity of the testator or documenting the will signing ceremony

4. Medical Opinion: If applicable, attached medical opinion regarding testator's capacity at time of will execution

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

Australia

Publisher

Genie AI

Document Type

Affidavit

Sector

Legal Services

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Estate Planning

Wealth Management

Professional Services

Public Notary Services

Banking

Insurance

Relevant Teams

Legal

Compliance

Risk Management

Estate Administration

Wealth Planning

Document Management

Client Services

Private Client Services

Relevant Roles

Estate Planning Lawyer

Probate Attorney

Legal Executive

Notary Public

Justice of the Peace

Will and Estate Administrator

Trust Officer

Private Client Lawyer

Legal Document Specialist

Estate Planning Paralegal

Compliance Officer

Risk Management Officer

Industries
Evidence Act 1995 (Cth): Federal legislation governing the admissibility of evidence in court proceedings, including requirements for affidavits and sworn statements
Oaths Act 1867 (and similar state-specific Oaths Acts): Legislation governing the taking of oaths, affirmations, and declarations, including requirements for authorized witnesses
Statutory Declarations Act 1959: Federal legislation setting out requirements for making statutory declarations and penalties for false statements
Electronic Transactions Act 1999: Legislation governing the validity of electronic signatures and documents, relevant if the affidavit may be executed electronically
State-specific Supreme Court Rules: Court rules specifying the form and content requirements for affidavits in each state jurisdiction
Legal Profession Uniform Law: Legislation governing the conduct of legal practitioners, including their role in witnessing affidavits and statutory declarations
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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