How They Work and When You Need One
What is an affidavit? An affidavit is a sworn written statement that you sign in front of a notary public or commissioner of oaths. It’s your way of saying, under oath, that what you’ve written is true — and it’s often used as evidence in legal situations. Let’s say you’re going through a court case and need to explain what happened in your own words — but you can’t be there in person. You write it all down, swear to it, and sign it officially. That’s your affidavit. It’s more than just paperwork. It’s a legal promise.
When Would You Need an Affidavit?
Affidavits come up in all sorts of real-life situations. Here are a few examples of where Canadians commonly use them:
- You’re in family court, explaining custody arrangements or child support details.
- You’ve witnessed an event (like an accident or incident) and need to record what you saw.
- You’re confirming ownership of property, funds, or items in a dispute.
- You’re applying for probate, and need to outline the estate and beneficiaries.
- You’re settling a debt or legal claim and need to record agreed-upon terms.
In one case, a Toronto resident used an affidavit to confirm they were the only surviving next of kin after their father’s passing — and they needed it to manage his estate. It saved them weeks of back-and-forth with the courts.
If you’re preparing for court or responding to a legal request, there’s a good chance you’ll need an affidavit.
How Do You Make an Affidavit?
Here’s how to get it done properly:
- Draft your statement
Write out the facts clearly, in your own words. Keep it honest and specific. Avoid opinions or guesses. - Include your contact details and case info (if applicable)Add your full name, address, and any relevant court file numbers or case names.
- Add a sworn statement at the bottom
This is usually a sentence like: “I make this affidavit in good faith and know that it is true.” - Meet with a notary public or commissioner of oaths
They’ll verify your identity and witness you signing the document. - Sign it in their presence
Once you sign, the official will also sign, stamp, and date the affidavit.🔐 Your affidavit is now legally binding — ready to submit to court or share with the parties who requested it.
Who Uses Affidavits?
Affidavits are most often required by:
- Individuals involved in civil or family court cases
- People managing an estate or dealing with wills
- Employers or employees responding to a legal claim
- Anyone providing a witness statement when they can’t testify in person
They’re also used in landlord-tenant disputes, immigration hearings, and small claims court — anywhere that facts need to be confirmed in writing.
If you’re ever in doubt, a lawyer or notary can help review what’s needed based on your situation.
Why Getting it Right Matters
When you sign an affidavit, you’re doing more than just “filling out a form.” You’re making a legal declaration — and it must be:
- Truthful
- Complete
- Signed correctly in front of a verified official
A poorly written or unsigned affidavit can be rejected by the court or lead to delays in your case. Worse, if what you say isn’t true, you could face fines or even criminal charges for perjury.
We take that seriously — and we’re here to make sure your affidavit stands up to scrutiny.
Affidavit vs. Statutory Declaration: What’s the Difference?
This one’s easy to mix up, so here’s the breakdown:
- An affidavit is usually required for court proceedings.
- A statutory declaration is used outside of court, for things like immigration, travel, or lost documents.
Both are signed in front of a notary or commissioner. But if it’s going to be submitted to a judge or lawyer, it’s almost always an affidavit.
👉 Need a statutory declaration instead? Visit our Statutory Declarations page.
Affidavit Templates
Below is a list of affidavit forms available for download. Each one is designed for a specific legal or personal situation. Simply choose the form that fits your needs, and we’ll help you get it signed and notarised.
| Title | |
|---|---|
|
Form 72B: Affidavit for Payment Out of Court (Ontario Guide) |
Who Needs Form 72B: Affidavit (Motion for Payment Out of Court)? This form is for individuals, businesses, or legal representatives who are requesting the release of money or property that has been paid into the court in Ontario. If you’re involved in a case where funds have been deposited with the court—such as in a ... Read moreForm 72B: Affidavit for Payment Out of Court (Ontario Guide)
|
|
FORM 30B Affidavit of Documents (Corporation or Partnership) |
Absolutely! Here’s the content for Form 30B: Affidavit of Documents (Corporation or Partnership) in the same clear and helpful style: Who Needs Form 30B: Affidavit of Documents (Corporation or Partnership)? This form is for corporations or partnerships involved in Ontario civil court cases. If your business is a plaintiff (claimant) or defendant (responding to a ... Read moreFORM 30B Affidavit of Documents (Corporation or Partnership)
|
|
FORM 30A Affidavit of Documents (Individual) |
Who Needs Form 30A: Affidavit of Documents (Individual)? This form is for individuals involved in Ontario civil court cases, including family law, contract disputes, personal injury claims, or other legal matters. If you’re a party to a case—meaning you’ve started a claim or are responding to one—you must complete Form 30A to show what documents ... Read moreFORM 30A Affidavit of Documents (Individual)
|
|
Form 35.1A Affidavit (child protection information) |
Who Needs Form 35.1A: Affidavit (Child Protection Information)? This form is for anyone involved in an Ontario family law case where parenting time, decision-making responsibility (custody), or contact with a child is being discussed. If you have ever been involved with a children’s aid society—whether in a past court case or by receiving child protection ... Read moreForm 35.1A Affidavit (child protection information)
|
|
Form 23C: Affidavit for Uncontested Trial |
Who Needs Form 23C: Affidavit for Uncontested Trial? This form is for individuals involved in a family law case—such as divorce, custody, or support—where both sides agree on all major issues. If your matter won’t go to trial because it’s uncontested, this affidavit is how you officially tell the court that everything’s been settled. It’s ... Read moreForm 23C: Affidavit for Uncontested Trial
|
|
Form 14A Affidavit (General) |
Who Needs Form 14A: Affidavit (General)? This form is for anyone—individuals or representatives—who needs to provide a sworn statement of facts for legal, official, or court-related matters. It’s commonly used in civil court proceedings, administrative hearings, and legal transactions where a formal, written affirmation of truth is required. Whether you’re confirming details in a family ... Read moreForm 14A Affidavit (General)
|
|
Affidavit of Service Form 6B |
Another form to confirm delivery of legal documents (commonly used in civil cases).
|
|
Affidavit for COVID-19 Vaccine Exemption |
Provides a sworn explanation for exemption from COVID-19 vaccination.
|
|
Publisher’s Affidavit of Publication |
Confirms that a public notice or legal ad has been published as required.
|
|
Affidavit With Regard to Police Records Check |
Used to support a police background check application or explain related circumstances.
|
|
Affidavit for a Lost Cheque |
Used to declare a cheque as lost and request a replacement.
|
|
Form 16B Affidavit of Service |
Confirms that legal documents were properly delivered to the intended recipient.
|
|
Affidavit of Foreign and Non Taxable Income |
Used to declare income not reported on Canadian tax returns, such as foreign earnings.
|
|
Affidavit of Execution of Will or Codicil | Form 74.8 |
Confirms that a will was signed properly in front of witnesses.
|
|
Affidavit of Execution (for a Will) |
Confirms that a will was signed properly in front of witnesses.
|
|
Affidavit of Vehicle Ownership Template |
Verifies legal ownership of a vehicle, often used in private sales or ownership transfers.
|
|
Form 34D Affidavit of Adoption Applicant(s) |
Used in adoption proceedings to provide required personal and legal information.
|
|
Marriage Affidavit |
Confirms details of a marriage, often required for immigration, insurance, or legal name changes.
|
|
Affidavit of Sole Decision Making Responsibility for Children |
Confirms that one parent has sole legal responsibility for making decisions about a child.
|
|
Affidavit of Support for Education Purposes |
Used to confirm financial support for a student’s education (often for visa or scholarship applications).
|
|
Affidavit of Identity |
Confirms your identity in situations where documents or records differ.
|
|
Affidavit of Identity due to Document Discrepancies |
Used when different documents show variations of your name or personal details.
|
|
OSAP Affidavit |
Supports financial aid applications by verifying income or other required details.
|
In-Person & Hassle Free
We’ve made it easy to get your documents notarised with a local notary — no complicated tech, no video calls, no second-guessing. Here’s how it works:
Download the forms
Head to our site and download the Last Will and Power of Attorney templates or bring your own if you’ve already prepared them.
Book an appointment
Use our directory to find a trusted public notary near you. Pick a convenient date and time that works best for your schedule.
Print Your Documents
Make sure all pages are printed clearly and completely — double-sided printing is fine if everything’s visible.
Bring Your Checklist
Details matter but don’t stress — we’ve laid out everything you’ll need to bring with you in a simple checklist below.
Appointment Checklist
To get your Last Will and Power of Attorney legally notarised, bring the following:
- Two pieces of valid ID (at least one government-issued photo ID)
- Printed documents (Last Will and/or POA)
- A clear understanding of your wishes (your notary may ask for clarification)
- The name and contact info of your chosen executor or attorney(s)
- Any other relevant documents or instructions related to your estate, assets, or healthcare wishes
- Print your receipt (emailed to you after your online purchase)
Tip: If your documents need witnesses in addition to a notary, ask the notary in advance if they can provide them — or bring someone with you who’s not listed in your Will or POA.
