Understanding Affidavits of Execution
What is an affidavit of execution?
An affidavit of execution is a sworn statement that is signed by a witness to the signing of another document. The affidavit of execution confirms that the witness watched the document being signed, and usually includes details like the date of signing, the full name of the signers and witnesses, and the place of signing.
Do affidavits of execution need to be notarized?
Yes, affidavits of execution must be notarized or commissioned. The witness must sign and swear or affirm the affidavit of execution in the presence of a commissioner for taking affidavits or a notary public. The document referred to in the affidavit of execution must be signed and notarized as an exhibit to the affidavit of execution.
What is the Form 74D affidavit of execution for a will or codicil?
Affidavits of execution are commonly required for wills. In Ontario, if a will is required to go through probate (the formal court process to confirm an executor’s authority to act on behalf), one of the witnesses to the will must complete a Form 74D Affidavit of Execution for Will or Codicil. You can download the Form 74D from the Ontario Court Forms website.
When you’re signing your will, it’s a good idea to have one of the witnesses complete an affidavit of execution at the time of signing. You should keep the completed affidavit of execution with the will in a safe place. When your family and executor need to probate your will in the future, they will not have to worry about tracking down one of the original witnesses to complete the affidavit of execution.
Are there other types of affidavit of execution?
Affidavits of execution may also be used when it is necessary to confirm that a person actually witnessed the signing of a document. In some jurisdictions, this is required for real estate transactions.
Affidavits of execution may also be used when a power of attorney is signed but not notarized. Many financial institutions require powers of attorney to be witnessed and signed by a notary. If a person has a power of attorney that is not notarized, it may be possible to have one of the witnesses complete an affidavit of execution instead of redoing the powers of attorney altogether.
Can Downtown Notary notarize affidavits of execution?
Yes! We can help you complete a Form 74D or another affidavit of execution at one of our convenient in-person locations.
We can also complete the document with our online commissioning services. This is how it works:
Create your secure account and book your appointment
Meet with your notary professional by video conference
Electronically sign the custodianship declaration and download the completed document
Done!
Ready to get started? Book your appointment today!
Questions?
If you have questions about notary services, we’re here to help. Contact us at info@downtown-notary.ca or call us at 647-799-3531.
This blog post is for information purposes only. It is not legal advice. If you have questions about your legal rights, contact a lawyer for help.
