Signing your will is not enough. To be legally valid in Ontario, your will must be properly executed — signed by you in front of two qualifying witnesses who also sign. Most people don't know that execution is where things go wrong. This guide covers everything you need to know.
Execution is the formal signing process that makes your will legally valid. A will that has been drafted but not properly executed has no legal effect — it is just a document.
In Ontario, execution is governed by the Succession Law Reform Act, R.S.O. 1990, c. S.26. The Act requires that your will be in writing, signed by you at the end, and signed by two witnesses who are both present at the same time when you sign.
Under Ontario law, your two witnesses must each be:
An affidavit of execution is a sworn statement by one of your witnesses confirming that your will was properly signed and witnessed. In Ontario this is Form 74.8 under the Rules of Civil Procedure.
The affidavit is not required for your will to be valid. But it is required when your will goes to probate — and without one, your executor may need to track down your witness years later.
Standalone will execution costs at an Ontario notary typically range from $75 to $225. With Willbeing, execution is included in every package at no extra charge.
These are the execution errors Ontario estates lawyers see most frequently: