If you are a witness to a will signing, you may be asked to sign an Affidavit of Execution of Will or Codicil to confirm that you were present and a witness to the will being signed. An Affidavit of Execution will also be necessary to complete the probate process. Neighbourhood Notary can help you commission your completed Affidavit of Execution of Will or Codicil.
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What is an Affidavit of Execution of Will or Codicil?
An affidavit of execution of will or codicil is a written statement in which someone swears or affirms that they were a witness and present at the signing of a will or codicil. Once an affidavit of execution is signed, the original will is attached as Exhibit A. Why do you need an Affidavit of Execution of Will or Codicil?
Firstly, an affidavit of execution of will or codicil is not required to make a will legal. For example, consider that a handwritten or holographic will can be legal. However, if a witness is able to sign an affidavit of execution of will or codicil, it will support the validity of the will. An affidavit of execution of will or codicil is also an important part of the probate process. Probate is when a court determines that a will is valid and confirms the authority of the person chosen to be the executor of the estate. Having an affidavit of execution of will or codicil completed will help to expedite the probate process as it will help the court confirm that there were witnesses to a will signing. Otherwise, the executor / court would have to track down witnesses to a will signing. As such, completion of an affidavit of execution of will or codicil in conjunction with the signing of the will is a good idea for the peace of mind of your executor(s) / others handling your estate in the future. |
Affidavit of Execution of Will or Codicil Across Canadian Jurisdictions
The layout of the standard affidavit of execution of will or codicil varies across provinces. It is also important to note that British Columbia does not require an affidavit of execution of will or codicil for the probate process. A copy of the standard Ontario affidavit of execution of will or codicil is shown above. You can also download the standard Ontario government version here.
The layout of the standard affidavit of execution of will or codicil varies across provinces. It is also important to note that British Columbia does not require an affidavit of execution of will or codicil for the probate process. A copy of the standard Ontario affidavit of execution of will or codicil is shown above. You can also download the standard Ontario government version here.
Commissioning Your Affidavit of Execution of Will or Codicil
In order for an affidavit of execution of will or codicil to be valid, it must be commissioned and signed in front of a commissioner of oaths or notary public. Neighbourhood Notary can help you commission your completed affidavit of execution of will or codicil.
In order for an affidavit of execution of will or codicil to be valid, it must be commissioned and signed in front of a commissioner of oaths or notary public. Neighbourhood Notary can help you commission your completed affidavit of execution of will or codicil.
DISCLAIMER: information provided in this article is for informational purposes only. It may not be up-to-date and may not be accurate. It shall not be construed as legal advice. Please contact the relevant governmental entity or organization for the most up-to-date and accurate information.
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