Affidavits for Wills
Published on 29 August 2022, 07:22:56 AM
Be sure Wills you make in Ontario are legal.
Axess Law takes your handwritten or holographic Will from drafted to complete in a few short days .We make writing a last Will and testament easy and inexpensive.
Your final Will is signed, witnessed and legally executed.
Legal Requirements for Wills (Ontario)
Wills in Ontario are legally valid if they:
- identify you
- revoke older Wills
- name a personal representive, also called executor or estate trustee
- are wholly handwritten, if holographic
- dispose of property and possessions
- deal with residue (what’s left over after your estate is distributed)
- are witnessed by two impartial observers
- signed, unless handwritten
- and more.
How to Make Wills Affidavits
Axess Law ensures your Will meets all the legal requirements and is properly witnessed.
We draft an affidavit of execution that confirms witnesses saw you sign your Will, remotely or in person. It verifies you were joined by a second witness, who also signed in front of both of you.
We keep it simple!
What are Affidavits
Affidavits are legal documents signed under oath. They affirm or “attest” facts are correct as stated. Think of affidavits of execution as written testimony.
Who Needs One
Making affidavits of execution of Will (Ontario) is not mandatory. But it can help your estate trustee probate your Will. (What is probate?)
Consider this:
Scenario 1
Siblings are upset you instructed an executor to sell their family home.
The home has sentimental value and they expected it to pass to one of them. You planned to sell and distribute the profits in your bequests. Your siblings argue to an Ontario probate court you were coerced or unduly influenced by a relative to change your Will before you died.
Having an affidavit of execution from impartial witnesses who don’t stand to gain from your estate can be helpful.
Scenario 2
You are getting on in years when you write a last Will and testament.
It leaves most of your estate to charity, with the leftover (residue) going to a long-estranged, separated spouse. She sues, claiming you made irrevocable mutual Wills while married, leaving your estates to each other. She argues you are mentally incapable and can’t make financial decisions on your own.
With no evidence of incapacity, an affidavit of execution helps show you exercised your own free will.
Why Witnesses Matter
Affidavits of execution are easy to make. But making false statements in affidavits is the same as trying to deceive a court. It’s perjury if the court is intentionally misled (section 131(1) of Canada’s Criminal Code) — for instance, if a witness falsely claims they saw you sign a different Will.
Estate fraud is serious business. Coercion or undue influence can lead to a testamentary Will being overturned by a judge. Signing an oath, just like testifying in court, shows you stand by your word.
Correcting Affidavits for Wills
Making innocent mistakes, on the other hand, just calls for a correction. Axess Law can fix mistakes in a handwritten or typed Will by quickly making a new one.
When you forget details essential to your estate — like investments you made years ago — Axess Law discards your old Will and drafts an updated one. Voila! Your new Will is ready to give to your estate trustee.
Why You Forget
Don’t feel too badly if you can’t remember every little detail for your initial Wills consultation.
Give us the gist of what you want to include and we can make your bequests general. If it’s important, eventually it will come back to you.
Keep Post-it notes or jot down a quick reminder before your appointment. There’s always time to go back over your draft Will before you sign it.
Why You Need a Lawyer
Axess Law is a leader in Ontario in making remotely witnessed online Wills, for convenience or social distancing. See how virtual notarization in Ontario works.
Our Wills lawyers check you are not being coerced, watch you sign and accept your e-signature online. We have a witness complete an affidavit of execution, verifying they saw you sign.
You get a final signed and witnessed copy to put in a Wills registry at your local courthouse or a safety deposit box. You can give copies to family, friends and your estate executor.
Make a Sworn Statement for Use in Court
Axess Law lawyers for Wills (Ontario) offer cheap, flat rate legal services. You receive the same quality services for far less than you would pay at traditional law firms.
Basic Wills start at $199.99 plus HST — $249.99 per person if you add a power of attorney for property or personal care at the same time. Ask about our special couples’ rates of $199.99 each and up plus HST.
Multiple Wills for business and personal assets cost $600 and up plus HST. We write a primary Will for assets that need probating and secondary Wills for business partnerships or shares.
Updating your Will is simple. Our Wills and estates lawyers set aside your old Wills and write new ones for you. It’s cheaper than preparing codicils to Wills (amendments) and reduces the confusion messy Wills can cause.
Easy Online Video Appointments
Axess Law makes virtual video calls online anywhere you are in Ontario. Our secure, remote conferencing software protects your confidential data while allowing you to network with us from the comfort of your home or office.
You can meet with us in person, day or evening, at any of our Axess Law locations in Greater Toronto Area or Ottawa. Our Wills and estate lawyers have convenient hours for your scheduling convenience. We can arrange your appointment for the Axess Law office of your choice.
Make appointments remotely using our easy online booking form or call our 1-647-479-0118 lawyer line to find Wills and estate lawyers near you. Toll free calls accepted at 1-877-402-4277.
Axess Law has onsite parking and easy transit access.
