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What is an affidavit of execution?

Sworn evidence from a witness that the will was properly signed. Usually sworn at the time and kept with the will.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Sworn evidence from a witness that the will was properly signed. Usually sworn at the time and kept with the will.

The Canadian position

Without one, proving the will later is slower and more expensive.

It is standard practice for any lawyer-drafted will.

The Islamic position

The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.

Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a scholar rather than assuming an answer.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Administering estates — Government of Ontario
  3. Apply for probate of an estate — Government of Ontario
  4. Estate Administration Tax — Government of Ontario
  5. Estates Act, RSO 1990, c E.21 — Government of Ontario
Further reading — Treadstone Law
  1. What happens if will not signed properly ontario — Treadstone Law
  2. Is ontario will valid if signed by one witness — Treadstone Law
  3. Affidavit of execution ontario probate application — Treadstone Law
  4. Other family challenge sale to one sibling later ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law