If I had a Will drawn up on-line, does the witness who signed the attestation also have to sign the affidavit?
Question Details:
I signed the self-proving affidavit in front of a notary at an attorney's office. An employee there signed the attestation. I was then told later on that the person that signed the attestation has to sign the affidavit. Is this true or can I have 1 of the other witnesses sign the affidavit and 1 of them sign the attestation?
Great question.
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Are you the person whose Will it is (known as the Testator)? Why, then, are you signing the self-proving affidavit? That is not meant for you. Let's try and clarify things. You have a Will drawn up. After the Will is as you want it you sign the Will in front of two (generally) witnesses. Then the witnesses have to sign. The attestation clause is the statement at the end of the Will where the witnesses to the will certify that the Will has been executed (signed) by you before them. They also generally write their names and addresses next to their signature so that in the event of your death they can be found to testify if needed that yes, you signed the Will and to sign an affidavit to that effect for the Probate Court. Now Wills can be "self proving" meaning that the witnesss can sign the affidavit at the same time that they sign the attestation. In other words, the affidavit is also signed by the witnesses that signed the attestation clause. Please go and see a lawyer.
