Who Needs Form 74.8: Affidavit of Execution of Will or Codicil?
This form is required in Ontario during the probate process when applying to validate a will or codicil. It must be completed by one of the witnesses who was present when the testator signed the will or codicil, confirming that proper signing procedures were followed.
What Is Form 74.8?
Form 74.8: Affidavit of Execution of Will or Codicil is a sworn legal document filed with the court to confirm that the will or codicil was signed in accordance with Ontario’s Rules of Civil Procedure. The witness must swear this affidavit in front of a notary public or commissioner of oaths.
Where Is Form 74.8 Submitted?
This form is submitted to the Ontario Superior Court of Justice as part of the application for a certificate of appointment of estate trustee (with or without a will). It is filed alongside the original will or codicil and other estate documentation required for probate.
Why You Need a Notarized Affidavit of Execution
The court requires a notarized affidavit to confirm that the will or codicil was properly executed according to law. This protects the estate from challenges and helps prove the authenticity of the document, especially if it is being entered into probate.
How to Complete and Notarize Form 74.8
- The witness to the will or codicil completes the affidavit with the details of the signing.
- Do not sign the affidavit until you are in front of a notary public or commissioner of oaths.
- Bring a copy of the will or codicil and valid photo ID to the notary appointment.
- The notary will verify your identity, witness your signature, and apply their seal.
- Submit the notarized Form 74.8 with the rest of your probate application to the court.
Final Note
This free Form 74.8: Affidavit of Execution of Will or Codicil must be signed in front of a notary public near you to be legally valid and widely accepted by Ontario probate courts.