Affidavit of Execution of Will or Codicil

An Affidavit of Execution allows someone to swear they witnessed the signature of a legal document. They swear either under oath or affirmation:

• Oath: religious individuals make an oath. They swear on the Bible to tell the truth;
• Affirmation: non-religious individuals make an affirmation. They solemnly declare the truth.

These both have an identical legal effect, the breach of which is the criminal offence of perjury.

Specifically, the Affidavit of Execution of Will or Codicil is needed when someone executes (signs) a Will or Codicil, and that Will or Codicil is witnessed. Witnessing means seeing the person sign their Will or Codicil, and the witness then signs the Will or Codicil themselves. If the witness signed the Will or Codicil, they would sign this Affidavit. Once the Affidavit is signed, a Commissioner or Notary signs the Affidavit. These are people authorized by law to witness Affidavits, which is a requirement. A simple Google search can be used to locate a local commissioner or notary.

This document is for an affidavit of execution for a will or codicil after the will or codicil is signed. Other affidavits may be used depending on the legal context. For example, if a power of attorney was signed, an affidavit of execution of power of attorney must be used.

HOW TO USE THIS DOCUMENT

After witnessing a person sign their Will or Codicil, the Affidavit of Execution is then signed by the person who witnessed the signature on the Will or Codicil. Witnessing means the witness was physically present and saw the person sign the legal document in front of them.

Once the witness signs the Affidavit, a commissioner for oaths and affidavits must also sign (commission) the document to verify the authenticity of the statement. Notaries are also authorized to commission these documents.

In short, the process is the following:

• Someone signs a Will or Codicil;
• The witness or witnesses also sign the Will or Codicil;
• The witness signs the Affidavit;
• A Commissioner or Notary signs the Affidavit;
• The Affidavit gets attached to the Will or Codicil.

The Affidavit must be signed in front of a Commissioner or Notary. If the Commissioner or Notary isn't present, print out the document and wait to sign it in the presence of the Commissioner or Notary. Some Provinces and Territories permit remote signing.

APPLICABLE LAW

Affidavits are used depending on the legal context. For example, when dealing with a lawsuit, the law requires the filing of Affidavits with the court. When dealing with a deceased's estate, the law requires the filing of an Affidavit of Execution to probate (prove) the Will of the deceased. An Affidavit is also used when changing a marital name or transferring title to property. The affiant in an Affidavit must be honest when recounting the facts. Lying under oath or affirmation is a federal crime under the Criminal Code (R.S.C., 1985, c. C-46).

HOW TO MODIFY THE TEMPLATE

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.