An affidavit of execution is a legal document that confirms a will or Power of Attorney was properly signed and witnessed. It is not always required at the time you sign your documents, but it is often needed later if the will is submitted to probate or if a Power of Attorney is used for real estate transactions. This article explains when an affidavit of execution may be required and how to complete one.
What is an affidavit of execution?
An affidavit of execution is a sworn statement made by one of the witnesses who signed your will or Power of Attorney. By signing it, the witness confirms that:
They were present when the document was signed.
The document was properly executed according to provincial law.
The person signing appeared to do so freely and knowingly.
The affidavit is typically signed in front of a notary public, commissioner of oaths, or lawyer.
When is an affidavit of execution required?
Once your legal document is signed with witnesses, it is legally valid. While notarization isn’t required for the will or POA to be legal, it’s common to get the affidavit of execution done with one of your witnesses ahead of time to help facilitate the probate process.
Although not all wills go through probate, if yours does, at least one of your witnesses would need to provide a signed affidavit of execution. It can be obtained when the will is created and witnessed, or later. It can even be completed after the testator passes. If no affidavit was completed beforehand, your executor will need to find one of your witnesses after your passing. If both witnesses are deceased or unreachable, your executor must show the court they made reasonable attempts to find them and provide other evidence to support the will’s validity.
Tip: Store your witnesses’ contact information with your will so your executor can easily find them.
Powers of Attorney: In Nova Scotia, an affidavit of execution must be notarized in order to register a POA with the land registry for real estate transactions.
Provincial exceptions:
BC: Affidavits of execution are not required.
Ontario, Quebec, Alberta, Saskatchewan, Manitoba, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland: These provinces may require an affidavit of execution for probate. You can find official government links and downloadable forms in our Affidavit guide.
Should you complete one now or later?
Optional at the time of signing: You are not legally required to complete an affidavit of execution when signing your will or POA. Having one ready can save time later, especially if your witnesses may be difficult to contact in the future.
Can be done later: If needed, one of your original witnesses can complete an affidavit of execution at a later date. Even after the testator passes, a witness can complete the affidavit.
How to complete an affidavit of execution
Choose the witness: One of the people who signed as a witness to your will or POA must complete the affidavit.
Prepare the affidavit form: Forms are widely available and often free. If you have a Willful will, we’ve included these instructions with your documents.
Visit a notary, commissioner of oaths, or lawyer: The witness must swear or affirm that they saw the document being signed.
Sign and seal: The official signs, stamps, or seals the affidavit.