Do I Need to Have My Will Notarized in Ontario?

Many people ask, “Do I need to have my will notarized?” In Ontario, the short
answer is no. A will does not usually need to be notarized to be legally valid.
Most wills are valid as long as they are properly signed and witnessed, even if they are not signed
in front of a Notary Public.

Notarization is not a legal requirement for creating a valid will in Ontario.

Is a Will Valid Without Being Notarized?

Yes. A will can be legally valid without notarization. What matters most is that the will complies
with Ontario signing and witnessing requirements. Notarization does not replace proper execution.

Why Do People Think a Will Must Be Notarized?

This confusion often arises during the probate process. While the will itself does
not need to be notarized, the court usually requires proof that the will was properly signed and
witnessed.

That proof is commonly provided through an affidavit of execution, which must be
sworn before a Notary Public or Commissioner for Taking Affidavits.

What Is an Affidavit of Execution?

An affidavit of execution is a sworn statement made by one of the witnesses to the
will. In this affidavit, the witness confirms that:

  • The will maker signed the will in their presence
  • The will was properly witnessed according to Ontario law

The affidavit must be sworn or affirmed before a Notary Public. This can often be completed using

online notary services
, depending on the circumstances.

When Is an Affidavit of Execution Required?

An affidavit of execution is commonly required when an executor applies to the
court for probate, formally known as an application for a
Certificate of Appointment of Estate Trustee.

The affidavit is usually submitted together with the probate application to confirm the will’s
validity.

Ontario Court Form 74.8

In Ontario, the affidavit of execution is also known as
Ontario Court Form 74.8. This form is available free of charge from the Ontario Court
Forms website.

While probate may be possible without this affidavit in limited cases, it often results in delays
and additional court requirements.

Why Completing the Affidavit Early Helps

If the affidavit of execution is not prepared when the will is signed, it may be difficult to
obtain later. Witnesses may move, become unavailable, or pass away.

Preparing the affidavit early can help:

  • Speed up the probate process
  • Reduce court delays
  • Avoid locating witnesses years later
  • Minimize legal costs for the estate

Can This Be Done Online?

In many cases, affidavits of execution and other probate-related documents can be completed using

online notary services
. This option can save time and reduce the need for in-person appointments.

Key Takeaway

  • Wills in Ontario do not usually need to be notarized
  • An affidavit of execution is often required for probate
  • Preparing the affidavit early avoids delays
  • Online notary services may be available for affidavits and probate documents

If you need an affidavit of execution or help with probate documentation,
NotarySpace is here to assist.

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