Making Your Will Legal Glossary 

Adult Witness – A person who has reached the age of majority in their province and is legally eligible to witness the signing of a Will.

Affidavit of Condition – A sworn document used to validate codicils or alternative formats of Wills, such as digital Wills, confirming their proper execution and status.

Affidavit of Death or Residency – Legal statements used during estate administration to confirm a deceased person’s identity, location, or status for tax or legal purposes.

Affidavit of Execution – A sworn statement by one of the witnesses to a Will confirming that the Will was signed voluntarily, with full mental capacity, and in accordance with legal witnessing requirements.

Codicil – A legally recognized document used to make amendments to an existing Will without rewriting the entire document.

Commissioner for Oaths – An individual authorized to witness and administer oaths or affidavits, often used to validate estate documents like affidavits of execution.

Date of Will – The date included on the Will at the time of signing, confirming when the document was executed.

Disqualified Witness – An individual who cannot legally serve as a witness to a Will, such as a beneficiary, their spouse, or someone lacking mental capacity.

Estate Binder – A centralized physical or digital folder that includes your Will, estate documents, and instructions, making it easy for your executor or loved ones to locate important materials.

Independent Witness – A person with no interest in the estate who serves as a neutral party to witness the signing of a Will, ensuring its legal validity.

Legal Enforceability – The condition that a Will meets all legal requirements to be recognized and upheld by a court.

Mental Capacity – The legal standard requiring the testator to understand the nature and consequences of the Will at the time of signing.

Neutral Witness – A person who is not a beneficiary or closely related to one, legally allowed to witness a Will without creating conflicts of interest.

Notary Public – A legal professional authorized to witness and certify documents, including affidavits, adding credibility and legal enforceability.

Probate Verification – The process by which a court confirms a Will’s validity, where affidavits of execution can reduce the need for additional proof or witness appearances.

Remote Witnessing – A process permitted in some provinces where a Will is witnessed through approved virtual means, often requiring video evidence or affidavits.

Safe Will Storage – Secure, accessible storage solutions for a signed Will, such as a fireproof safe, lawyer’s office, or registered estate service.

Signature Requirements – Legal guidelines for how a Will must be signed in Canada, including placement, ink use, and witness presence.

Storage of Will – The practice of keeping the original, signed Will in a secure and accessible location, such as a fireproof safe or with a lawyer.

Supporting Affidavits – Additional sworn documents used during estate settlement to validate assets, ownership, or legal claims related to the estate.

Will Accessibility – The condition that the original Will is stored in a way that it can be readily found and accessed by the executor or trusted individuals.

Will Finalization – The process of completing a Will by signing, having it witnessed, dating it, and storing it properly to ensure legal validity.

Will Location Notification – The practice of informing your executor or trusted parties about where your signed Will is stored to ensure it can be retrieved when needed.

Will Registry – A private or provincial service that records the existence and location of a Will to help executors locate it when needed.

Will Validation – The confirmation that a Will has been legally executed and meets all necessary formal requirements for enforceability, often supported by affidavits.

Witness Requirements – The legal standards a person must meet to act as a witness to a Will, including presence at signing, mental capacity, and impartiality.

Witness Restrictions – Legal prohibitions against certain individuals, such as beneficiaries or their spouses, from serving as witnesses to prevent conflicts of interest.

Witness Role – The specific duties of a Will witness, including being physically present, signing the document immediately, and providing identifying information.

Witness Signatures – The required signatures of two independent individuals who observe the signing of a Will and confirm its execution.