A will that includes a sworn affidavit signed by the testator and witnesses before a notary public, attesting that proper execution formalities were followed, thereby eliminating the need for witnesses to testify during probate.
A self-proving will has extra paperwork attached that basically says "yes, we all signed this properly." This means when you die, the court can accept the will without tracking down the witnesses to confirm it's real.
⏱ When you'll encounter this term
- Having a will professionally prepared by a solicitor
- Signing your will in front of a notary public
- Applying for probate after someone dies
- Discussing ways to make probate faster and simpler
"The solicitor recommended we make it a self-proving will so my children won't have to track down the witnesses when I'm gone."
⚖️ Compare: Self-Proving Will vs Standard Will
Includes a notarised affidavit. Witnesses don't need to appear in court. Faster probate process.
No affidavit attached. Witnesses may need to confirm signatures. Can delay probate if witnesses are unavailable.
💡 Did you know?
Self-proving wills are common in the United States but less frequently used in Australia and the UK, where courts typically accept witnessed wills without requiring the additional affidavit. However, a self-proving affidavit can still be useful in cross-border estates.