Do Wills Need to Be Witnessed or Notarized?
Table of Contents
Key Takeaways
- Wills don’t have to be notarized according to the law, but having witnesses swear an Affidavit of Execution can prove the validity of the document and simplify probate.
- Provincial or territorial laws will determine how an estate is distributed if the deceased person has no Will.
- During the witnessing of a Will, the person seeking verification must present valid identification, demonstrate an understanding of the document, and sign in front of the notary.
- Witnesses must sign their paper copies of the Will.
- NotaryPro offers a free downloadable Affidavit of Execution template and works with estate planning professionals to help clients navigate Will creation easily.
You are not legally required to prepare a will. However, should anything should happen to you and you don’t have one, the laws in your province or territory will determine how your estate is divided. It’s a good idea to get professional legal help in preparing your will to ensure that current and future circumstances are considered and your documents are prepared and witnessed properly.
Wills do not need to be notarized. However, it is generally recommended that the witnesses swear an affidavit of execution to prove validity of the will (see also: Who Can and Cannot Witness a Will or Power of Attorney in Ontario?). While it may be possible to probate a will without an affidavit, it will likely make the process more difficult or lengthy.
NotaryPro offers free affidavit of execution template. Simply complete the online form and a completed form will be sent to you in Microsoft Word, via e-mail.
What Is the Process to Notarize a Will for In-Person Witnessing?
NotaryPro offers in-person appointment to notarize a will. Once you have prepared affidavit, you can book an in-person appointment online. Simply select the location, date and time. You will be required to:
- present valid identification (a valid piece of government issued photo ID with another piece) to your notary;
- your notary will then ensure you understand can can attest to what you’re about to sign;
- the notary public then witnesses your signature; and
- once you have signed the document, the notary will affix his or her stamp (or “seal”) to the document; and
- witnesses will physically sign their counterpart paper copy.
What Is the Virtual Witnessing Process?
As of April 2020, the Ontario Ministry of the Attorney General is now permitting lawyers and notaries to virtually witness the physical signing of wills. Once completed, you can book an appointment online to sign the will using our virtual witnessing service. Simply select the date and time. You will be recorded and required to:
- present valid identification (a valid piece of government issued photo ID with another piece) to your notary;
- your notary will then ensure you understand can can attest to what you’re about to sign;
- the notary public then witnesses your signature; and
- witnesses will physically sign their counterpart paper copy and mail back to you.
Additional Resources
For further information on estate law in your province or territory, please check the following government resources:
Need to Draft Your Will?
NotaryPro works with many partners to help clients get their Wills and Powers of Attorney done in a convenient and easy way. Discover our Estate partners here, or visit Epilogue to find out how you can start securing your estate.
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