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Wills, estates & power of attorney
Use this affidavit to swear that you personally watched someone sign their Will or Codicil in Ontario. Courts rely on it as proof of proper signing when an estate goes through probate.
Also known as
Concerning the signing of the Last Will and Testament or Codicil of ______
AFFIDAVIT OF EXECUTION
I, ______, of ______, MAKE OATH AND SAY / AFFIRM:
On ______, I was present and saw the document marked as Exhibit "A" to this affidavit executed by the testator, ______.
______ executed the document in my presence of myself and in the presence of ______ of ______.
On ______, ______ and I were both physically present at the same time and signed the document in the testator’s presence as attesting witnesses, the copy of which is attached as Exhibit "A" to this affidavit.
How it works
Answer the questions on the left. Your document builds itself on the right as you type.
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Book an appointment, bring your document, and we witness your signature and apply the seal.
An Affidavit of Execution of a Will or Codicil is a sworn statement by a person who witnessed the testator (the person making the will) sign their will or codicil. In Ontario, this affidavit is required when the estate applies for a Certificate of Appointment of Estate Trustee (commonly called probate). It proves to the court that the will was signed with the proper formalities required by the Succession Law Reform Act (R.S.O. 1990, c. S.26).
Ontario's Succession Law Reform Act requires that a valid will be signed by the testator in the presence of two witnesses, both present at the same time. Each witness must then sign the will in the testator's presence. The affidavit of execution confirms these formalities were observed: that the witness saw the testator sign (or acknowledge their signature), that both witnesses were present together, and that the testator appeared to know what they were signing.
Without this affidavit, the court cannot be satisfied that the will is genuine, and the probate application may be delayed or refused.
The affidavit is typically sworn by one of the two witnesses to the will. If neither original witness is available, the court may accept alternative evidence, but this is more complex and may require legal advice.
The form collects details about both witnesses and the circumstances of signing. Gather the following before your appointment.
Bring valid government-issued photo ID (Ontario driver's licence, Canadian passport, Ontario Photo Card, or Permanent Resident card). You do not need to bring the original will, but having a copy can help you confirm dates and page counts if you are uncertain. Notarisation at Minute Notary is a flat $19.90 per stamp.
Under O. Reg. 431/20, this affidavit can also be sworn by live video, with both you and the commissioner located in Ontario.
It is common for this affidavit to be sworn months or years after the will was signed, often after the testator has passed away. You swear to what you do remember. If you recognise your signature on the will and recall being present when the testator signed, that is generally sufficient. You are not expected to remember every word spoken at the signing.
The notary's role is limited to administering the oath and confirming your identity. A notary does not draft wills, review their terms, or give estate planning advice. If you need help with probate applications, interpreting the will, or managing estate assets, consult an estate lawyer. If neither original witness is available, a lawyer can advise on what alternative evidence the court will accept.
Frequently asked
Fill it in online, download a ready-to-sign PDF, then bring it in and we will notarize it, in person across Ottawa or online.