Do I Require an Affidavit of Execution for My Will? (Ontario)

A will can be legally valid in Ontario without an affidavit of execution. However, an affidavit of execution is often required later if the will must go through probate (the court process that confirms the will and authorizes the estate trustee to act).

What Is an Affidavit of Execution?

An affidavit of execution is a sworn or affirmed statement usually completed by one of the will’s witnesses. It confirms that the will was signed and witnessed properly. This affidavit is commissioned before a Notary Public or a Commissioner for Taking Affidavits.

Is an Affidavit of Execution Required for a Will to Be Valid?

No. In Ontario, a will is not automatically invalid because there is no affidavit of execution. Many people only learn about this affidavit when the estate needs to be administered and the court requests proof that the will was properly executed.

When Do You Need an Affidavit of Execution?

You will commonly need an affidavit of execution when the estate requires probate (often called an application for a Certificate of Appointment of Estate Trustee). Courts and financial institutions may request this affidavit to confirm the will was properly signed and witnessed.

Why Completing It Early Can Prevent Delays

If an affidavit of execution is not completed at the time the will is signed, it can become difficult to obtain later. Witnesses may move, change contact information, become unavailable, or pass away. These delays can increase legal costs and create stress for your family when the will is most needed.

Affidavit of Execution for Remotely Witnessed Wills

When a will is witnessed remotely, accurate documentation becomes even more important. To reduce future probate issues, NotarySpace completes an affidavit of execution for every will we remotely witness, helping your estate trustee avoid the burden of locating a witness years later.

How NotarySpace Can Help

  • Commissioning affidavits of execution for probate purposes
  • Witness identity verification and proper execution procedures
  • Support for remotely witnessed wills with complete documentation

Common Mistakes to Avoid

  • Waiting until probate to request the affidavit
  • Losing contact with witnesses over time
  • Using incomplete forms or unsigned affidavits
  • Assuming the court will accept the will without execution proof

Frequently Asked Questions

Do I need an affidavit of execution if my will is valid?

Your will may be valid without one, but the affidavit is often required if the will must be submitted for probate or accepted by certain institutions.

Who signs the affidavit of execution?

Usually one of the witnesses signs it, swearing or affirming that they witnessed the will being signed properly.

Can an affidavit of execution be done years after the will was signed?

Sometimes, but it can be difficult if a witness cannot be located or is unavailable. Completing it earlier helps avoid delays.

Do remotely witnessed wills need an affidavit of execution?

If probate is required, the court may ask for proof of proper execution. Completing an affidavit of execution as part of the remote witnessing process helps reduce future complications.

Contact NotarySpace

If you need an affidavit of execution for probate or you want to prepare one in advance, NotarySpace can help. Bring your will (or a copy) and valid photo ID, and we will guide you through the commissioning process.

NotarySpace
6700 Century Ave, 3rd Floor, Suite 318
Mississauga, ON L5N 6A4