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Affidavit of Witness to a Will Template
Confirm will execution and witness details in a sworn statement with this Affidavit of Witness to a Will Template.
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Affidavit of Witness to a Will Template
State of [State]
County of [County]
We, the undersigned witnesses, being duly sworn, declare as follows:
1. Will and Testator Information
1.1 Testator (Person Who Made the Will): [Full Legal Name]
1.2 Testator Address (Optional): [Address]
1.3 Date Will Was Signed: [Date]
1.4 Location of Signing: [City, State]
1.5 Will Title (Optional): Last Will and Testament of [Testator Name]
2. Witness Statements
2.1 We were present when the Testator signed the Will (or the Testator acknowledged to us that the signature on the Will is the Testator’s).
2.2 The Testator declared to us that the document was the Testator’s Last Will and Testament.
2.3 The Testator appeared to be of sound mind and legal age, and signed the Will willingly and voluntarily.
2.4 We signed the Will as witnesses in the Testator’s presence (and in the presence of each other if required).
2.5 To the best of our knowledge, we are not named as beneficiaries in the Will and are not otherwise disqualified from serving as witnesses (subject to local law).
3. Witness Information
Witness 1:
Full Name: [Name]
Address: [Address]
Phone/Email (Optional): [Contact]
Witness 2:
Full Name: [Name]
Address: [Address]
Phone/Email (Optional): [Contact]
4. Statement of Truth
4.1 We declare under oath that the foregoing statements are true and correct to the best of our knowledge.
Signatures
Witness 1: [Full Name]
Date: [Date]
Signature: ___________________________
Witness 2: [Full Name]
Date: [Date]
Signature: ___________________________
Notary / Notarization
Subscribed and sworn (or affirmed) before me on [Date], by [Witness 1 Name] and [Witness 2 Name], who are personally known to me or have produced identification.
Notary Public Signature: _______________________
Printed Name: ________________________________
Commission Expires: ___________________________
Notary Seal: _________________________________
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Affidavit of Witness to a Will Template
AFFIDAVIT OF WITNESS TO A WILL TEMPLATE FAQ
What is an affidavit of witness to a will?
An Affidavit of Witness to a Will is a sworn statement signed by someone who witnessed a testator sign their will. It confirms the will was signed voluntarily, the testator appeared of sound mind, and the witnessing requirements were met. It is often used to support a “self-proving will,” depending on local law.
When should you use a witness affidavit for a will?
Use it when you want additional proof that the will was properly executed. It can reduce delays in probate because the court may accept the affidavit instead of requiring witnesses to testify later, where allowed.
Who can be a witness to a will?
Rules vary. Generally, witnesses should be adults with legal capacity and should not be beneficiaries under the will. Some jurisdictions allow interested witnesses with limitations. This template is general — confirm local requirements.
Does it need to be notarized?
Often yes. Self-proving affidavits typically require notarization. This template includes a notary section to complete after the witnesses sign.
What should the affidavit say?
It usually states the date of signing, that the testator declared the document to be their will, signed it in the witnesses’ presence (or acknowledged the signature), and that the witnesses signed in the testator’s presence. It also typically includes statements about capacity and voluntariness.
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