Free Affidavit of Execution Template

In Ontario, you need an Affidavit of Execution when a Will needs to go through probate. Probate is a court process that confirms a Will is valid and authorizes the executor to manage and distribute the deceased’s assets.

In practice, most Ontario Wills that include property or significant assets will require probate; therefore, preparing for probate in advance is essential. Financial institutions, land registry offices, and other organizations may require probate before releasing or transferring assets.

If probate is required and no Affidavit of Execution is available, Ontario courts typically require the executor to find an original witness to the Will. This witness must then sign an Affidavit of Execution after the fact.

Locating witnesses can cause delays, increase legal costs, and complicate matters, especially if they’ve moved, cannot be located, or have passed away.

Preparing an Affidavit of Execution in advance makes the probate process much smoother and easier on your executor during a difficult time.

An Affidavit of Execution must be commissioned by an authorized official, like a notary public or commissioner of oaths, to be valid.

During commissioning, a witness swears or affirms that the contents of their Affidavit are true before the official. They’ll sign the Affidavit while an official witnesses their signature, and the official will sign it as well. See our blog to learn more about the process of commissioning.

You can meet with a notary public online to have your Affidavit of Execution commissioned in 7 minutes, from anywhere.

Providing false or inaccurate information in an Affidavit may constitute perjury, a criminal offence in Canada.

An Affidavit of Execution is a relatively simple document, but it must include specific information, including:

• The testator’s name (the individual who wrote the Will) and address
• The name and address of the witness signing the Affidavit
• Confirmation that the witness saw the testator sign the Will
• The date the Will was signed and witnessed
• The date the Affidavit is sworn or affirmed and signed
• The original Will is attached as an exhibit

Storing the Affidavit of Execution with the Will helps ensure a smoother probate process.