An affidavit of execution is a seperate document filled out by one of your witnesses, it states they were present when you signed your will along with the other witness. This document must be notarized.
Once your will is signed with witnesses, it is legally valid.
While notarization isn't required for the will to be legal, it's common to get the affidavit of execution done with one of your witnesses ahead of time to help facilitate the probate process.
Where can I find the Affidavit of Execution?
An affidavit of execution is easier to complete than you might think. Forms are widely available and often free. If you have a Willful will, we’ve included these instructions with documents.
- BC: Affidavits of execution are not required in BC.
- Quebec: A notarial will does not require an Affidavit of execution.
- Ontario, Alberta, Saskatchewan, Manitoba, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland: You can find official government links (where applicable) and downloadable forms in our Affidavit guide here.
Purpose of an Affidavit of Execution
The affidavit of execution confirms the validity of your will.
Although not all wills go through probate, if yours does, at least one of your witnesses would need to provide a signed affidavit of execution. It can be obtained when the will is created and witnessed, or later. It can even be gotten after the testator passes.
If an affidavit has not been completed before you pass away, your executor will find one of your witnesses to complete it after your passing. If both witnesses are deceased or unreachable, your executor must show the courts they made reasonable attempts to find them and provide other evidence to support the will's validity.
It's a good idea to store your witnesses' contact information with your will so your executor can easily find them.
An affidavit is key for verifying the will during probate. If not completed, the courts may ask the executor for other evidence, like a copy of your signature on another legal document for comparison.
Steps for Completing an Affidavit of Execution Where can I find
1. Witness Statement: The witness fills out the affidavit stating they were present while signing the will.
2. Notarization: The witness gets the form notarized.
3. Storage: The notarized affidavit is stored with your will.
During the probate process: The affidavit is provided to the courts as part of the executor’s application for a grant of probate.
Please note: This article mentions Willful's Notarial will plan, which is no longer available. As of 2024, residents of Quebec can purchase Willful's legal will plan with unlimited updates for just $99.