Once you are finished creating your Last Will and Testament documents online, in order for the documents to be legally-binding, there are two criteria which remain:
- Signed with a wet signature in the presence of two witnesses – A typed will must be printed, and signed on paper with ink at the end of the document by the testator (the maker of the will). Only the printed and signed version of the will is legally-recognized.
- Signed by two witnesses in the presence of the testator – Your witnesses cannot be beneficiaries of your estate. Also, the signature by the testator must precede the signature of either witness.
Every document comes with detailed instructions that outline the requirements and witnessing details. The documents include signature and initial boxes to clearly indicate where each person should sign.
Do I need to Notarize my will?
In Ontario, a Will does not have to be notarized to be valid. However, if your Will is to be probated, a court administration will not probate the Will unless one of those witnesses signs an “Affidavit of Execution”. It is best practice to have one of the witnesses sign an ‘Affidavit of Execution’ before a commissioner; in this document the witness swears he/she witnessed the testator sign the Will, in the presence of him/herself and another witness who is named; it is best practice to have one of the witnesses sign the affidavit because it makes the probate process (most wills need to be probated) simpler, less expensive and less time consuming.
If this affidavit is not provided with the probate application, the estate trustee (or lawyer) preparing the probate application has to try to locate one of the witnesses at that time to have him/her sign the affidavit of execution, and if no witnesses can be found, must detail his / her efforts to locate the witness, and then attend at a bank or some other institution where a person familiar with the testator’s signature can sign an affidavit swearing the signature on the will matches the signature known to them.
Manzil Wills does not provide “Affidavit of Execution” form. You can get it here - the affidavit should be provided and signed before a commissioner, notary or lawyer, and the Will is attached as an Exhibit to the Affidavit.
