Last Will & Testament

An Affidavit of Execution is a sworn statement confirming:

• The testator (person making the Will) signed it in the presence of two witnesses.
• The two witnesses signed in the presence of the testator and each other.

Required for probate to validate the Will.

Governing Laws

• Succession Law Reform Act (Ontario)
• Commissioners for Taking Affidavits Act (Ontario)

Steps

1. Testator signs the Will in the presence of two witnesses.
2. Witnesses must sign in the presence of each other and the testator.
3. One witness swears or affirms an Affidavit of Execution before a Commissioner for Taking Affidavits or a Notary Public.
4. The Affidavit is attached to the Will with a stamp or exhibit seal.

Governing Laws

• Bill 245 (2021) – Accelerating Access to Justice Act
• Bill 190 (2024) – Better for Consumers, Better for Businesses Act

Steps

1. Remote witnessing allowed if one witness is a licensed Ontario lawyer or paralegal.
2. Signing must happen via real-time video conference.
3. Counterpart signing is permitted — parties can sign separate identical copies.
4. The Affidavit of Execution may be sworn or affirmed through a separate remote-commissioning transaction.
5. The commissioner must confirm identity, complete the required modified jurat or declaration, and keep a record of the remote transaction.