Affidavit of Execution

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Along with a will, an affidavit of execution should be prepared. This is a document where a witness affirms or swears that she or he and another witness were present when the will was signed. The affidavit of execution must be commissioned by a commissioner of taking affidavits such as lawyer.

When it comes time to honour the wishes in the will where probate is required (when there is only one will or the primary will if there are dual wills), the affidavit of execution must be filed in court to have the will probated or validated. Once the will is probated or validated, the wishes expressed in the will may be carried out.
If an affidavit of execution was not prepared, the decease's personal representative must locate the witnesses to arrange for an affidavit of execution, or, arrange for an authorized signatory at the decease's bank branch to compare the signature on the will with that in the decease's bank records and to affirm or swore an affidavit that the signatures match. If the will cannot be probated or validated, the law (the Succession Law Reform Act) will decide on how your estate will be handled.

Landmark Law Professional Corporation may assist with your Wills and Estates Planning matters.

Disclaimer: This article does not contain legal advice and only provides general information. It is not intended to replace advice from a qualified legal professional and should not be relied upon to make decisions. In all cases, contact your legal professional for advice on any matter referenced in this article before making decisions. Use of this article does not establish a lawyer-client relationship.

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Winnie J Luk, BA, JD, MBA, founder of Landmark Law, is a seasoned Ontario lawyer practicing in Wills and Estates, Real Estate, and Business Law and frequent speaker of free legal education seminar.