does a will need to be notarized to be legal

#Does a will need to be notarized to be legal how to#

When their executor applies for probate, they can provide the court with the notarized affidavit of execution confirming the will’s validity. People choose to get an affidavit of execution notarized to relieve this task from their executor’s list after they pass away, speed up the process probate for their loved ones down the road, or don’t expect to make updates to their will (an updated version of the will would require a new affidavit of execution). Why do people get an affidavit of execution notarized?

#Does a will need to be notarized to be legal how to#

If you make your will with Willful, we outline exactly how to do this on the instructions page included with your documents. You can find links to government affidavit forms by province here. Many individuals choose to wait to complete this process if they expect to make updates to their will It can be completed when you execute your will, at a later date, or your executor can take care of it after you pass away. An affidavit of execution does need to be notarized and is required if your estate has to go through probate.Īn affidavit of execution is not required for your will to be legal. Affidavit Of Execution For A WillĪn affidavit of execution is a document filled out by one (1) of your witnesses, which helps to confirm the validity of your will. Read more about the requirements for a will to be legally-valid here. (You cannot sign your will digitally at this time). The signatures must be in wet ink and at the very end of the will.If the will is printed and typed (not written by hand), you must sign your will in the presence of two valid witnesses and they must sign to confirm they have witnessed your signature.You must be of sound mind and over the age of majority in your province (If you’re under the required age, there are specific circumstances that allow you to make a legal will, like if you’re married, have children or are a member of the armed forces.).Outside of British Columbia, the will must be stored as a physical document (It must be printed and cannot be stored online).There are minor nuances between provinces but here are the general rules for your will to be legal in Canada: What Makes My Will Legal?įirst things first - while you don’t need a lawyer to make your will, there are some criteria you will need to meet when making your will. That being said, there are a couple instances where you may need to include a notary. As long as you meet the requirements, your documents will be legally-binding. It is a common misconception that you need a lawyer or a notary to make a legally-valid will in Canada. The short answer is, no! You do not need to have your last will and testament notarized for it to be legal. We get a lot of questions about whether or not you have to visit a lawyer or notary to make your will legally-binding in Canada.