Who Needs an Affidavit of Execution for a Will?
This form is used by a witness to a will who must confirm that they saw the testator (person making the will) sign it. It is required during the probate process in Ontario and other provinces to legally verify the will’s validity.
What Is an Affidavit of Execution?
An Affidavit of Execution is a sworn legal statement confirming that a will was properly signed and witnessed in accordance with provincial law. The witness completing the affidavit must swear or affirm the details in front of a notary public or commissioner for taking affidavits.
Where Is This Affidavit Submitted?
This affidavit is submitted to the Superior Court of Justice or estate registrar during probate when applying to validate a will. In Ontario, it’s usually filed along with the original will and other estate documents to prove it was properly executed.
Why You Need a Notarized Affidavit of Execution
The court will not grant probate unless it can confirm that the will was signed according to law. A notarized Affidavit of Execution ensures that one of the witnesses has legally confirmed the circumstances of signing. This protects against fraud and strengthens the will’s enforceability.
How to Complete and Notarize the Affidavit of Execution
- The witness to the will fills out the form, confirming they were present when the testator signed.
- Do not sign the affidavit until you’re in front of a notary public or commissioner of oaths.
- Bring a copy of the will and valid ID to your notary appointment.
- The notary will verify your identity, witness your signature, and apply their seal.
- Submit the affidavit with the will and probate application to the court.
Final Note
This free Affidavit of Execution (for a Will) must be signed in front of a notary public near you to be legally valid and widely accepted by probate courts across Canada.