Notarization is the process of having a notary public officially witness a signature and verify the identity of the signer. Wills and POAs are valid if signed and witnessed properly under provincial law. Notarization is only required in limited cases, such as real estate transactions in BC (statutory declaration) and Nova Scotia (affidavit of execution). In other situations, notarization is optional but may be helpful.
Do wills need to be notarized?
In most Canadian provinces, a will does not need to be notarized to be legally valid.
A will only needs to be signed by the will-maker in front of the required witnesses.
Some people choose notarization for additional proof of authenticity, but it is not a legal requirement.
Do Powers of Attorney need to be notarized?
In most provinces, a Power of Attorney (POA) does not need to be notarized to be legally valid.
Exceptions for real estate transactions:
British Columbia: If your attorney will buy or sell real estate on your behalf, the statutory declaration included with your Willful documents must be notarized in order to register with the land registry. This notarization can be completed later by your attorney and one of your witnesses as needed.
Nova Scotia: If your attorney will buy or sell real estate on your behalf, the affidavit of execution included with your Willful documents must be notarized in order to register with the land registry. This notarization can be completed later by your attorney and one of your witnesses as needed.
The purpose in both provinces is the same - to ensure your attorney has the authority to carry out real estate transactions on your behalf.
In BC, notaries have more liability since they are permitted to draft legal documents. As a result, they are often hesitant to notarize documents they did not draft. This is why Willful provides statutory declarations as separate documents from the Enduring Power of Attorney (EPOA) itself. If you need notarization in BC, we recommend booking with Notary Pro, which has several locations throughout the province.
When contacting a notary, you can use this script:
“Hi there, I’m looking for you to notarize statutory declarations for my Enduring Power of Attorney. I don’t need you to draft the document, rather I just need you to notarize the statutory declarations that go along with it and register it with the LTSA in BC. Can you help with that?”
Note: Some banks or financial institutions may request notarized or certified copies of POA documents for their records. This is not a legal requirement - POAs are legally valid once signed and witnessed according to the instructions provided. Third parties may impose notarization as an additional requirement, but it is not required under provincial law.
When might notarization be helpful?
Even when not required by law, notarization can be helpful in certain situations:
Using documents outside your province or country
Avoiding disputes about authenticity of signatures
Meeting specific institutional requirements (e.g., banks, land title offices)
How notarization works
Book an appointment with a notary public (in person or online, depending on your province).
Bring valid photo ID. The notary must confirm your identity.
Sign the document in front of the notary. They will witness your signature.
Receive notarized copies. The notary adds a seal or stamp confirming authenticity.