Affidavits and Validation

Finalizing your Will does not always end with a signature. In many provinces, an affidavit of execution—a sworn statement from one of your witnesses—is a key part of validating the Will during probate. This extra layer of formality can save time, reduce stress, and protect your estate from legal delays.

Affidavits help courts confirm that your Will was properly executed, even if your witnesses cannot be reached in the future. They are not required everywhere, but when used, they can make the probate process smoother and more predictable.

Learn what an affidavit of execution is

An affidavit of execution is a written, sworn statement by one of the people who witnessed your Will. It confirms that:

You signed the Will voluntarily
You were mentally capable when signing
The witnesses were present and watched you sign
The witnesses signed the Will in your presence and in each other’s presence

This document is usually sworn before a commissioner for oaths, notary public, or lawyer, and then stored with your Will.

Feature	Why It Matters
Sworn by a witness	Confirms the Will was properly executed
Stored with the Will	Prevents the need to locate witnesses during probate
Not required in all cases	Mandatory in some provinces, optional in others
Helps during probate	Accepted as evidence that the Will is valid and unchallenged

Tip: Ask your lawyer or notary to create and attach this affidavit at the time you finalize your Will. It is much easier to do it then than to track down a witness years later.

Learn how affidavits affect the probate process

During probate, the court reviews your Will to confirm its validity before authorizing your executor to begin estate administration. If there is no affidavit, the court may request additional proof—often requiring a witness to appear or submit sworn evidence later.

An affidavit of execution:

Reduces the chance of delays or rejections
Simplifies the court’s verification process
Can save time and legal fees during probate
Helps avoid complications if a witness has moved or passed away

Important: In provinces where affidavits are not required, the court may still ask for one if the Will is challenged or if there are questions about its legitimacy. Having it in place offers security, even when not mandatory.

Learn how other types of affidavits support estate documents

In addition to affidavits of execution, other affidavits may be required during estate settlement. These can include:

Affidavits of condition (e.g., for codicils or digital Wills)
Affidavits of death or residency (to support tax filings or claims)
Affidavits related to asset ownership or creditor claims

These documents strengthen the estate’s legal standing and make administration smoother for your executor and beneficiaries.

Learn how Optimize helps you build a Will that is ready for probate

At Optimize, we help ensure your estate plan does not stop at drafting. We support you through the full process of signing, witnessing, and preparing the documents your executor will need during probate.

Our approach includes:

Recommending when affidavits of execution are useful or required
Coordinating with legal professionals who can prepare and notarize them
Keeping your documentation aligned with your financial and legacy goals
Preparing your executor to present a clean, ready-to-go estate package

We take the guesswork out of getting it right.

Learn why a strong Will includes the paperwork to back it up

A Will should not be just a set of instructions. It should be a ready-to-execute plan, supported by the documents that will stand up in court and simplify the job for your executor.

Adding affidavits is a small step with big impact. It shows foresight, reduces legal uncertainty, and helps your final wishes unfold exactly as planned.

Finish your Will with confidence. Back up your words with the right legal tools, and give your family the clarity and protection they deserve.