Does a Will Need to Be Notarized in Ontario
- Notary Public
- Apr 11
- 3 min read
One of the most common questions we receive at Affordable Markham Notary Public is whether you need to notarize your Will.
The short answer? No. You do not need to notarize your will for it to be legally binding in Ontario.
What Makes a Will Legally Valid in Ontario?
For a standard typed (not handwritten) will to be valid in Ontario, it must meet the following requirements:
It must be signed by the testator (the person making the will)
The signing must take place in the presence of two witnesses
Both witnesses must also sign the will
The witnesses cannot be beneficiaries (or spouses of beneficiaries)
All signatures must be placed at the end of the document
What Is an Affidavit of Execution?
Although your will does not need to be notarized, there is one document related to wills that often does: the Affidavit of Execution.
An Affidavit of Execution is a sworn document completed by one of the witnesses. It confirms that:
They were present when the will was signed
The testator signed the will voluntarily
The testator appeared to be of sound mind
This document must be notarized and is commonly required during the probate process.
As part of the Affidavit of Execution, the Original (fully signed) Will has to be stamped with an Exhibit Stamp to tie the two documents together.
Is an Affidavit of Execution Mandatory?
No, an Affidavit of Execution is not required for your will to be legally valid.
However, it becomes very useful when your executor applies for probate. Without it, your executor may need to:
Track down one of the original witnesses
Have them swear the affidavit at that time
If the witnesses are unavailable or have passed away, this can complicate the process and delay probate.
Why Do People Get It Notarized in Advance?
Many people choose to complete and notarize the Affidavit of Execution early to:
Save their executor time and effort later
Help speed up the probate process
Avoid issues if witnesses become unavailable
Finalize everything if they don’t expect to update their will
Keep in mind: if you update your will, a new affidavit will be required.
How Affordable Markham Notary Public Can Help
At Affordable Markham Notary Public, we provide several services related to wills and affidavits:
1. Notary as a Witness — $25 + HST
We can act as one of your witnesses when signing your will. You’ll need to bring a second independent witness, and all parties will sign together.
2. Certified True Copy — $25 + HST
Already have a properly signed will? We can create a certified true copy for your records.
3. Affidavit of Execution — $75 + HST
We can prepare and notarize your Affidavit of Execution. One of the original witnesses must attend to swear or affirm the affidavit, and the original will must be presented so it can be stamped as an exhibit.
What Does It Mean to Notarize a Document?
Notarizing a document means that a licensed notary public verifies:
The identity of the person signing
That they are signing voluntarily
That they understand what they are signing
In the case of an Affidavit of Execution, the notary confirms the witness’s statement and applies their official seal.
Final Thoughts
While notarization is not required to make your will valid in Ontario, it can play an important role in simplifying the probate process later on.
If you’re preparing your will or want to take care of the Affidavit of Execution in advance, Affordable Markham Notary Public is here to help make the process simple, affordable, and stress-free.
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