Affidavit of Execution of Will or Codicil (Form 74.8) (ON)

Summary

This precedent is a sample form of an affidavit of execution of will or codicil (Form 74D) to be filed with the Ontario Superior Court of Justice. It provides practical guidance, drafting notes, alternate clauses and optional clauses. Rule 74.04(1)(d) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, requires the filing of an Affidavit of Execution of Will or Codicil (Form 74D) and an Affidavit of Execution for every codicil sworn by one witness to each document. The witness must attest to having been physically present at the time of execution of the will by the testator and to the fact that both witnesses were present at the same time. It is now common for wills and any codicils to have the affidavits of execution completed at the time of execution by the testator. This precedent also provides suggested amended wording to the standard Affidavit of Execution that reflects the virtual execution and witnessing and/or the execution of a will in counterpart of wills in light of ...