What is an affidavit of execution, and why do courts request it in probate?
A sworn witness affidavit describes due execution; it often accompanies the probate application where registries require proof of signing formalities.
Preparing affidavits soon after signing helps when memories are fresh and witnesses remain reachable. Delay can complicate probate if someone moves abroad or becomes incapacitated.
Lawyers and commissioners of oaths notarize these affidavits for a modest fee; templates should match your province’s wording expectations.
Store affidavits with—but not physically attached to—the will so staples are not mistaken for tampering.
Disclaimer: This page is for general education only and is not legal advice. Rules vary by province and change over time; speak with a qualified lawyer about your own circumstances.
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