Extra Miscellaneous Will Information

(Optional Reading)

This covers extra miscellaneous information about our Wills.

"When I sign my Will, do I need to get the Will notarized or stamped or something like that?"

No, you do not.

Just follow our manual, "Instructions for Signing", exactly. What's in there is enough.
"How do I store it?"

For this, you may follow our manual, "Instructions for Storage".
"Do I have to file it or register it somewhere?"

No.

Under Canadian law, Wills are not filed or registered anywhere while you are alive. You only need to keep the Will safe with you.

As stated in the "Instructions for Storage" manual, your job is to preserve your original Will throughout the remainder of your entire life and up to your death, after which it must be found by your Executors and submitted to Court.
"Okay, and what about once I have died?"

When you have died, your Executors must i) find your Will, and ii) go through the standard process known as "probate".

You must retain the services of a lawyer who does probate.

That lawyer will submit your Will to Court for your Executors and will assist in the process of transferring assets and so on.
"I've followed everything in your Signing and Storage Instructions manuals. Is there anything else left?"

That's great!

Our manual, "Instructions for Signing", explains how to sign your Will and to have it witnessed by two other people.

If you've followed it then you have a fully valid Will.

Our manual, "Instructions for Storage", explains that your job is to preserve your original Will throughout the remainder of your entire life and up to your death, after which it must be found by your Executors.

Outside of this, there is nothing else that you are required to do.

There is no stamping or notarization, no filing or registration, or anything of the sort needed.

There is however one, single step to take that is entirely optional, and that is to obtain an "Affidavit of Execution".
"What is an 'Affidavit of Execution'?"

It is an extra document that confirms that a witness of your Will really did witness your Will.

As you know, in your Will, there are witnesses to your signing.

In an Affidavit of Execution, which is a separate document, one of your witnesses themselves additionally confirms that they truly did witness your Will.

The Affidavit of Execution helps to 'prove' the Will when it is submitted to Court after your death.

It goes by different related names such as, "Affidavit of Execution", "Affidavit of Execution of Will", "Affidavit of Execution of Will or Codicil", "Execution Affidavit", "Affidavit of Witness to a Will", and "Proof of Will".
"Why is it optional?"

Having a properly signed and witnessed Will is required in order to establish your intentions.

But there is not a requirement to have an Affidavit of Execution at that same time.

It is only when you've died and the Will has been submitted to Court that an Affidavit of Execution comes into play.

There are three possibilities. After you've died and your Executors have submitted the Will, in order to help 'prove' it, they may:
- Reach out to one of your witnesses and have them sign an Affidavit of Execution at that time; or,
- Show proof of best efforts at finding your witnesses, if they're not alive or not reachable; or,
- Use an Affidavit of Execution you had one of your witnesses sign long ago, at the time of the Will's signing.
Any of these is fine, and thus the purpose of optionally getting an Affidavit of Execution now is just for convenience during the ultimate Court process.
"Okay, so it's optional. If I want it now, how do I get it?"

Make an appointment with a "Notary Public" or "Commissioner of Oaths and Affidavits" in your area. You may find one using Google.

You ask:

"I have created a Will and I have signed it along with witnesses. That part is done. Now, I would like to have one of my witnesses sign an Affidavit of Execution, which you will commission. Please have us use the one at https://yourfinalwill.com/affidavit or please prepare your own version for us. To the appointment, I will bring i) my witness, and ii) my signed original Will, to be marked as an exhibit."

Thus, to the appointment you must bring with you i) one of your witnesses, and ii) your signed original Will.

The notary or commissioner will i) have an Affidavit of Execution ready, ii) have your witness sign it, and iii) make an additional marking by stamp on your signed original Will.

The cost for this is usually in the range of $25 to $125.

Once done, you will be given the witness' signed original Affidavit of Execution, which will be a single page. You must store it along with you original Will.
"Okay, so it's optional. What happens if I don't get it now?"

When you've died, and your Executors have submitted your Will to Court, they can reach out to one of your witnesses and have them sign an Affidavit of Execution at that time, to 'prove' your Will.

Alternatively, if at that time your witnesses are not alive or are unreachable, then your Executors can file proof of their best efforts made to reach your Executors, plus proof of confirmation of your handwriting, and that will be sufficient.

Therefore, the purpose of getting an Affidavit of Execution right now is for a bit of convenience during the ultimate Court process after your death. It saves the extra time and effort of trying to locate your witnesses, and that's all. That is why getting one now is optional.

Notably, in the province of British Columbia, Affidavits of Execution are not used. If you are in B.C., there is no need to obtain one.
"You said that, for my Will, I do not have to get it notarized or stamped or anything like that. But for an Affidavit of Execution, you say that I do have to do that. Please clarify."

Yes, that is correct.

To repeat:

For your Will, you do NOT have to go to a "Notary Public" or "Commissioner of Oaths and Affidavits".

The signing takes place according to our "Instructions for Signing" manual.

You and your witnesses just sign the Will together. That is all.

For an Affidavit of Execution, IF you decide to get one, you DO have to go to a "Notary Public" or "Commissioner of Oaths and Affidavits".

The signing and stamping take place according to paragraph #8, above.

Your witness signs the Affidavit of Execution with the commissioner. The commissioner further stamps your Will as an exhibit to the Affidavit of Execution.

Extra Miscellaneous Will Information

(Optional Reading)

"When I sign my Will, do I need to get the Will notarized or stamped or something like that?"

"How do I store it?"

"Do I have to file it or register it somewhere?"

"Okay, and what about once I have died?"

"I've followed everything in your Signing and Storage Instructions manuals. Is there anything else left?"

"What is an 'Affidavit of Execution'?"

"Why is it optional?"

"Okay, so it's optional. If I want it now, how do I get it?"

"Okay, so it's optional. What happens if I don't get it now?"

"You said that, for my Will, I do not have to get it notarized or stamped or anything like that. But for an Affidavit of Execution, you say that I do have to do that. Please clarify."