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How To Protect Your Will Against Challenges

A Witness Self-proving Affidavit.

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Following is a sample self-proving Affidavit of Attesting Witnesses. You, the person who executes the Will, is the Testator if you are a male, or Testatrix if you are a female.

AFFIDAVIT OF ATTESTING WITNESSES

 

STATE OF _______________ )

ss:

COUNTY OF _____________ )

 

Each of the undersigned, individually and severally being duly sworn, deposes and says:

 

The within Will was subscribed in our presence and sight at the end thereof by _________________________, the within named testat(or)(rix), on the ____ day of ______________, 20__ at _________________________________________________.

 

Said testat(or)(rix), at the time of making such subscription, declared the instrument so subscribed to be his /her Last Will and Testament.

 

Each of the undersigned thereupon signed by name as a witness at the end of said Will at the request of said testat(or)(rix) and in his/her presence and signed and in the presence and sight of each other.

 

Said testat(or)(rix) was, at the time of so executing said Will over the age of 18 years and, in the respective opinions of the undersigned, of sound memory and understanding and not under any restraint or in any respect incompetent to make a Will.

 

The testat(or)(rix), in the respective opinions of the undersigned, could read, write and converse in the English language and was suffering from no defect of sight, hearing or speech, or from any other physical or mental impairment which would affect his/her capacity to make a valid Will. The Will was executed as a single, original instrument and was not executed in counterparts.

 

Each of the undersigned was acquainted with the said testat(or)(rix) at such time and makes this affidavit at his /her request.

 

The within Will was shown to the undersigned at the time this affidavit was made, and was examined by each of us as to the signature of said testat(or)(rix) and of the undersigned.

 

The foregoing instrument was executed by the testat(or)(rix) and witnessed by each of the undersigned affiants, under the supervision of _____________________an attorney at law.

 

______________________________ __________________________________________

Signature Print Name

 

Address

______________________________ __________________________________________

Signature Print Name

 

Address

______________________________ __________________________________________

Signature Print Name

 

Address

 

The foregoing instrument was executed before me, a Notary Public in and of the state of ___________________ this _____ day of _______, 20__, by _________________________________, ____________________________, and ________________________.

 

SEAL Signature: ________________________

Name: _________________________

Commission No.: ___________________

My Commission Expires: _____________


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