Affidavit of Execution for Wills in Ontario: What It Is and Why It Matters

When preparing a will in Ontario, ensuring that your wishes are respected goes beyond deciding who inherits your assets. One crucial step to simplify the probate process is completing an Affidavit of Execution.

What Is an Affidavit of Execution?

An Affidavit of Execution is a sworn statement made by one of the witnesses to your will. The witness confirms that:

• You (the testator) signed the will;

• The witness was present at the signing;

• Both witnesses signed the will in your presence; and

• The will was executed according to Ontario law.

This affidavit is typically sworn before a Notary Public or Commissioner of Oaths.

Why It Matters

When the executor applies for probate, the court must verify that the will is valid. An Affidavit of Execution helps by:

• Avoiding delays in the probate process;

• Reducing the need to locate witnesses years later;

• Minimizing legal costs and complications;

• Providing clear proof that the will was properly executed.

Even if the affidavit was not signed at the time the will was created, it can still be completed later if one of the original witnesses is available.

When to Complete It

Ideally, the affidavit should be signed immediately after the will is executed. This ensures that the details are accurate and accessible for future probate needs.

Choosing Witnesses

Witnesses must:

• Be 18 or older;

• Have mental capacity;

• Not be beneficiaries under the will or spouses of beneficiaries.

Independent witnesses reduce the risk of future challenges.

Optional but Recommended

While an Affidavit of Execution is not required for a will to be valid, having it completed makes probate smoother and provides peace of mind for you and your family.

How a Notary or Commissioner Can Help

A Notary Public or Commissioner of Oaths can:

• Administer the oath or affirmation;

• Ensure the affidavit is legally compliant;

• Provide an official document accepted by the courts during probate.

Final Thoughts

Completing an Affidavit of Execution is a simple yet powerful step in estate planning. A few minutes with a notary can save significant time, stress, and costs for your executor and loved ones.

Affidavit of execution being signed by a notary public