Probate Document Witnessing Checklist

  1. Confirm the document package is complete
    • Are all pages of the affidavit present?
    • Are all documents referred to as annexures or exhibits present?
    • Is the Record of Death (Death Certificate) the original document? A photocopy cannot be accepted by the Probate Registry.
    • If a Will is to be exhibited, is the original Will present? A photocopy cannot be accepted.
  2. Oath or affirmation
    • Ask whether the applicant wants to swear an oath or make an affirmation.
    • Use the matching wording throughout: “sworn” for an oath or “affirmed” for an affirmation.
    • Do not mix sworn and affirmed wording in the jurat, annexure clauses or exhibit clauses.
  3. Witness the affidavit
    • Administer the oath or affirmation.
    • Watch the applicant sign the affidavit.
    • Complete the jurat: date, place, applicant’s signature, your signature, printed name and JP registration number.
    • Check that the jurat is not left blank and that the date is correct.
  4. Complete annexure clauses
    • For each annexure, check that the annexure clause identifies the correct document and appears directly on the original document. The clause may be written, stamped or affixed to the document.
    • Sign the annexure clause at the time the affidavit is sworn or affirmed.
    • Date the annexure clause.
    • Make sure the annexure clause matches the oath or affirmation used for the affidavit. Ensure you strike out the relevant option on pre-printed annexure labels.Example Annexure Wording

  5. Complete exhibit clauses

    • For each exhibit, check that the exhibit clause identifies the correct document and appears directly on the original document. The clause may be written, stamped or affixed to the document.
    • If the Will is exhibited to the affidavit, both the applicant and the JP must sign the exhibit clause.
    • Print your name and JP registration number near your signature.
    • Date the exhibit clause.
    • Do not alter, mark, repair or damage the Will. Apart from the required exhibit clause, nothing should be written on the Will. The exhibit clause must appear directly on the original Will and may be written, stamped or affixed to the Will.Example Exhibit Wording
  6. Final check before the applicant leaves

    7. Check

    Done

    Applicant signed the affidavit

    ☐

    JP signed the jurat

    ☐

    Date and place are completed in the jurat

    ☐

    Record of Death (Death Certificate) is the original document

    ☐

    Original Will is present, where a Will is to be exhibited

    ☐

    Annexure clauses appear directly on the relevant original documents

    ☐

    Exhibit clauses appear directly on the relevant original documents

    ☐

    Annexure clauses are signed and match the affidavit wording

    ☐

    Exhibit clauses are signed and match the affidavit wording

    ☐

    Will exhibit clause, if applicable, is signed by both the applicant and JP

    ☐

    All annexures and exhibit clauses are dated with the same date as in the jurat

    ☐

    JP full name and JP registration number are printed clearly

    ☐

  7. When not to proceed
    • Do not witness if the applicant is not present or has already signed outside your presence.
    • Do not witness if referred annexures or exhibits are missing.
    • Do not complete missing witnessing details later from memory.

Please refer to the Justices of the Peace Handbook for any issues not covered above.

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