Affidavit of Execution for a Will

Any lawyer will tell you that you should have a will. They would have even before the current pandemic. Unfortunately, many people simply cannot make room in their limited budget to hire a professional to help them prepare one.

How do I prepare a Will?
We cannot possibly touch on all the potential pitfalls in preparing a will in a short article. There is an entire branch of law dedicated to Estates. However, we can touch on a common practical omission that should often accompany a will – an affidavit of execution. These may not even be mentioned in your will kit, never mind included. Basically, one or more witnesses swear that they saw you sign the will.

Why do I need an Affidavit of Execution?
Strictly speaking, an affidavit of execution is not normally required for a will to be valid. It is, however, important evidence of that fact that can make things easier for your executor when the time comes. For example, in Ontario, an affidavit of execution is used when Probating the will. If the affidavit is already there with the will, the executor can apply right away. Otherwise, they may have to track down witnesses from years before to sign the affidavit. They may have moved away, forgotten the signing, or even died themselves. Failing this the executor has to try to prove the will is valid in other ways, which simply adds burdens when she or he is likely also in mourning.

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