What the witness is confirming
An affidavit of execution records a witness’s evidence about the signing of a document. The witness makes the statement from personal knowledge. It is distinct from the underlying agreement or will and should accurately describe the signing event rather than use assumptions about what happened.
Use the form for the document and purpose
Different proceedings and documents may require different wording. For an Ontario will or codicil, the court publishes Form 74.8, Affidavit of Execution of Will or Codicil. Read the applicable instructions and confirm the correct form for your filing before preparing a statement.
Information to gather
- The complete document to which the affidavit relates.
- The signing date and location, supported by the witness’s own recollection or records.
- The names of the signer and other witness, where the form asks for them.
- The recipient’s instructions for identifying and attaching the document.
- Government-issued photo identification for the person making the affidavit.
Who attends the affidavit appointment?
The person making the sworn statement must attend the arranged commissioning appointment. That may be the witness rather than the person who signed the underlying document. Explain any uncertainty about the original signing circumstances before the affidavit is finalized. Do not sign the affidavit or complete its commissioner’s section in advance.
Keep the purposes separate
An affidavit describes evidence of execution; it should not be treated as a general certificate that every legal requirement or term of the underlying document is valid. Seek advice about missing witnesses, disputed circumstances or unusual signing arrangements rather than changing facts to fit a template.
Contact the office with the document type, required form and intended use to confirm preparation and appointment arrangements.