How to Prepare a Affidavit of Execution

What is an Affidavit of Execution?

An affidavit of execution is a legal document completed by one of your two witnesses. It confirms that they were present when you signed your will, and that both they and the second witness saw you sign it. The purpose of this affidavit is to help verify the validity of your will.

Once the affidavit is completed, the witness who signs it must have it notarized. The document is then stored alongside your will.

If your estate requires probate (the legal process for validating your will and officially appointing your executor), the affidavit of execution is submitted to the court as part of the probate application. This helps ensure that your wishes are legally recognized and can be carried out without unnecessary delays.

Is an Affidavit of Execution Required to Make My Will Legally Valid?

No. Your will is legally valid as long as it is signed and witnessed correctly according to the legal requirements in your province or territory. The affidavit of execution is a separate document and is not part of the will itself.

You only need an affidavit of execution if your will goes through probate—this is the legal process where the court formally approves the will and authorizes the named executor to act. Having the affidavit ready can help avoid delays during that process.

Do I Need My Affidavit of Execution Notarized?

Yes. An affidavit of execution must be notarized or commissioned in order to be valid. This step confirms that your witness swore or affirmed the truth of the statement in front of an authorized official.

The affidavit can be notarized or commissioned by a legal professional such as:

• A lawyer

• A notary public

• A commissioner

What Is a Commissioner of Oaths or Notary?

A commissioner of oaths or notary serves as an official witness to the signing of legal documents. Their primary role is to help prevent fraud by verifying the identity of the person signing and ensuring the document is signed willingly.

For an affidavit of execution, a commissioner of oaths or notary must be present to formally "commission" or "notarize" the statement. This means they will witness the signature and administer the oath or affirmation confirming the truth of what's stated in the document.

Provincial Requirements for Witnesses

The affidavit of execution is usually completed by one of the witnesses to your will. Some provinces may also require additional steps, while others are more flexible. Here's a quick overview by province:

• Ontario: Only one witness typically needs to sign the affidavit of execution. A second witness isn’t required, but it’s a good idea to have the affidavit notarized, especially if probate may be needed.

• British Columbia: One witness can swear the affidavit of execution. If probate is required, this affidavit is submitted by the person applying for it.

• Quebec: Quebec follows a different legal system (civil code). Wills in Quebec are often prepared and executed in the presence of a notary, so an affidavit of execution is not typically required.

• Alberta: One witness usually signs the affidavit of execution, which is often needed to validate the will during probate.

Each province has its own rules. If you’re unsure what applies in your situation, it’s a good idea to speak with a lawyer in your province or check your local estate laws.

How to Complete an Affidavit of Execution

You will need to provide the following information:

• The name of the individual who signed the will
• The type of document the Affidavit of Execution is for (POA, Will, Gift, etc.)
• The names and addresses of all witnesses
• The signing date
• Whether the Affidavit of Execution will be notarized by a commissioner or a notary public
• The city or town and province where the Affidavit of Execution will be signed

Affidavit of Execution Sample (Ontario)