WHAT IS AN AFFIDAVIT OF EXECUTION?

Although to some this may sound like something morbid, Affidavits of Execution have nothing to do with capital punishment. Execution in legal jargon is, in essence, signing. They are a common sworn statement, sometimes more descriptively titled ‘Affidavit of a Witness’, or ‘Witness Affidavit’. Although they vary somewhat in terms of their exact contents, in essence, they are simply a sworn statement from a witness to the signing of a document, that she or he in fact did so. They may also include other details to show that the document was properly ‘executed’, such as that the person signing was an adult, or that the witness has no financial interest in the transaction.

What are they for?
These sworn statements are commonly used in Estates law, at least in some jurisdictions. This is partly for practical reasons – the original person that signed may be deceased or otherwise incapacitated, and thus unable to attest to the signing for herself. In some cases, particularly when the document is being used many years after it was signed, the witness may also be deceased or incapacitated. Having the affidavit kept with the document thus provides evidence of its proper execution. It is important to note, however, that the Affidavit does not make the document necessarily valid. For example, a subsequent Will will normally invalidate a prior Will, whether or not the prior Will was properly executed.