Who Can Witness an Affidavit in Western Australia?

You've spent hours preparing your probate affidavit. The formatting is right, the paragraphs are numbered, the date of death matches the death certificate word for word. Now you need someone to witness it — and suddenly you're not sure whether your neighbour who's a JP counts, or whether the person you used for your statutory declaration last year will do.

This is where a lot of self-represented executors stumble. Affidavits for WA Supreme Court probate applications have a specific, stricter witnessing requirement than ordinary statutory declarations. Getting this wrong doesn't just delay your application — the court will issue a requisition, you'll have to re-swear the entire affidavit before a valid witness, and you'll add weeks to the process.

Here's exactly who qualifies and what the witnessing process requires.

The Legal Basis: The Oaths, Affidavits and Statutory Declarations Act 2005 (WA)

Witnessing rules for WA probate affidavits are governed by Schedule 2 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA) — not federal law, and not the broader category of witnesses used for standard Commonwealth statutory declarations.

This distinction matters. Many executors assume the witnessing rules are the same across Australia. They're not. A person authorised to witness a statutory declaration under the Statutory Declarations Act 1959 (Cth) is not automatically authorised to witness a WA probate affidavit. If you use someone who falls into that broader federal category but not into Schedule 2 of the WA Oaths Act, the court will reject your affidavit.

Who Is an Authorized Witness Under WA Law?

The following categories of people are authorised to witness affidavits for WA Supreme Court probate applications:

Justice of the Peace (JP) JPs are the most commonly used witnesses for WA probate. They are widely available, free to access, and the WA Government maintains an online JP finder to locate one near you. Many JPs offer appointments or have set hours at local council offices, police stations, and community centres.

Legal practitioner with a current practice certificate of at least two years A lawyer can witness your affidavit — but not a brand-new graduate. The practitioner must hold a current practice certificate and must have held it for a minimum of two years. If you're having a solicitor prepare your probate documents, they can witness the affidavit at the same time.

Public notary Notaries are less common than JPs in Western Australia but are an option, particularly in commercial or city settings.

Pharmacist This is one of the more surprising inclusions on the list, but pharmacists are specifically authorised under Schedule 2. If you have a trusted local pharmacist and want to avoid booking a JP appointment, this is a legitimate option. The pharmacist must be currently registered and practising.

Certain academic staff Members of the academic staff of a university or other institution of higher learning are also authorised under Schedule 2. This is a less commonly used option but available if relevant.

Veterinarians Registered veterinary surgeons also appear on the authorised list under WA law. Again, uncommon in practice, but valid.

The key point: the person must fall within Schedule 2 of the WA Oaths Act. When in doubt, a JP is the safest and most accessible choice.

What the Witnessing Process Actually Requires

Knowing who can witness is only part of it. The witnessing itself has strict procedural requirements that the WA Supreme Court enforces.

In-person witnessing is mandatory. The witness must be physically present when you sign the affidavit. Remote witnessing via video call is not accepted for WA probate affidavits. Plan accordingly if you're interstate or overseas.

Both the executor and the witness must sign every single page. This is a common source of requisitions. The executor signs their usual signature at the bottom of every page. The authorized witness countersigns every page as well. Missing a single page — even the last one — will result in rejection.

Both parties must also sign the cover of the original will. The executor and witness sign on the cover page of the original will. If signing the cover is not possible without obscuring the testamentary text, sign in a clear space that doesn't interfere with the wording.

The witness must not be a beneficiary of the will. A witness who stands to inherit under the will has a conflict of interest. Avoid this entirely — it can create complications beyond just the witnessing requirement.

The affidavit itself must be typed (not handwritten) on white A4 paper in at least 12-point font, with all matters presented in sequentially numbered paragraphs. The witnessing step comes after the document is fully prepared and reviewed — not before.

If you need step-by-step guidance on preparing the full affidavit and lodging your application through the Supreme Court eCourts portal, the Western Australia Probate Process Guide covers the entire court preparation phase, including the exact formatting requirements and anti-rejection checklist.

Special Situations

Executor located interstate or overseas

If you're the named executor but you're not in Western Australia, you cannot simply swear your affidavit before a foreign official or an interstate JP and have it accepted by the WA Supreme Court without further steps. Overseas affidavits for WA probate require specific arrangements. The safest approach is to engage a WA solicitor who can advise on how to handle the overseas witnessing — whether through an apostille process or another recognised pathway.

Executor who does not read English

An executor who cannot confidently read and understand English cannot simply sign the standard English-language affidavit. The law requires that they swear the document in their native language. This means two additional steps: a NAATI-accredited translator must prepare an accurate English translation of the affidavit, and that translator must then swear a separate accompanying affidavit confirming their qualifications and the accuracy of the translation. Both documents are lodged with the Supreme Court together.

Landgate applications (survivorship and transmission)

If your primary task is a Landgate survivorship or transmission application rather than a Supreme Court probate application, be aware that Landgate requires statutory declarations rather than affidavits for some steps. The witnessing rules for statutory declarations are slightly different — though a JP remains valid in both contexts. If you're doing both a probate application and a Landgate property transfer, confirm the specific document type required for each step before you organise your witnessing appointment.

What Happens If the Witnessing Is Wrong

The WA Supreme Court probate office reviews affidavits carefully. If your affidavit has been witnessed by someone who is not on the Schedule 2 list — for example, a bank manager, a school principal, or a Commonwealth public servant — the court will issue a formal requisition. Registry staff are legally prohibited from giving legal advice or explaining exactly how to fix the error. The requisition will flag the problem; you then need to re-swear the entire affidavit before a valid witness and resubmit a corrective affidavit addressing the court's concern.

This process typically adds at least two to four additional weeks to an already stretched timeline, at a point when beneficiaries are often already pressing for updates.

The simplest way to avoid this: use a JP. They are free, plentiful, and every one of them qualifies without any ambiguity. The WA Government's online JP finder lets you search by suburb or postcode. Many are available on short notice.

Quick Reference: Authorised Witnesses for WA Probate Affidavits

All witnessing must be done in person. Both parties sign every page of the affidavit and the cover of the original will.

The witnessing step is one of the last things you do before lodging your application — but it's also one of the easiest places to make an inadvertent error that triggers a court requisition. Get the witnessing right and the rest of your application has a much better chance of being accepted on the first attempt.

The Western Australia Probate Process Guide includes a full pre-lodgment checklist covering affidavit formatting, witnessing requirements, will handling, and the document set needed for the Supreme Court eCourts portal — everything you need to file with confidence.

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