What is an Affidavit of Execution and Why Do You Need One in Ontario?
If you have recently signed a Will or a Power of Attorney, you’ve likely heard the term Affidavit of Execution. While it sounds like a mouthful of legal jargon, it is actually one of the most critical documents in your estate planning toolkit.
At Snap Notary, we help Ontarians ensure their legal documents are bulletproof. Here is a clear breakdown of what this document is and why it cannot be overlooked.
What is an Affidavit of Execution?
In Ontario, an Affidavit of Execution is a sworn statement made by one of the people who witnessed you signing your Will or Power of Attorney.
In this document, the witness confirms under oath that:
- They were physically present and saw you sign the document.
- You appeared to be of sound mind and of legal age.
- They (the witness) signed the document in your presence.
Why is it so important for Probate?
Think of the Affidavit of Execution as the "verification key" for your Will. When a person passes away, the Ontario Court usually requires this affidavit to grant Probate (a Certificate of Appointment of Estate Trustee).
Without this affidavit, the court has no immediate proof that the Will was signed according to the strict requirements of the Succession Law Reform Act. If your witnesses cannot be found years later, your family could face significant delays and expensive legal hurdles to prove the Will is valid.
Why does it need to be Notarized?
To be legally binding, an Affidavit of Execution must be sworn or affirmed before a Notary Public or a Commissioner of Oaths.
The Notary’s role is to:
- Verify Identity: Confirm the identity of the witness.
- Administer the Oath: Ensure the witness understands they are making a formal, binding statement.
- Mark the Exhibit: The Notary will physically attach the Affidavit to the original Will or Power of Attorney (marking it as "Exhibit A") and apply their official seal.
Tips for a Smooth Notarization
Complete it early: It is much easier to complete the Affidavit of Execution right after the Will is signed, while the witnesses are still available and their memories are fresh.
Bring the Original Document: The Notary must see the original Will or Power of Attorney to properly "mark" it as an exhibit.
Valid ID: The witness must bring a valid piece of government-issued photo identification.
Secure Your Future with Snap Notary
Don’t leave your estate's validity to chance. If you have a Will or Power of Attorney that needs an Affidavit of Execution, Snap Notary provides professional, efficient service to get your documents finalized correctly.