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Prepared By: Page 1 of 5
Michael Carabash
Affidavits of Execution
DISCLAIMER: Please note that the information provided in this DL Guide is NOT legal advice and is
provided for educational purposes only. Laws are subject to change quickly and without notice. This DL
Guide may be outdated. You are always advised to consult with a lawyer to draft an Affidavit of Execution
in Ontario, Canada (e.g. make a post on Dynamic Lawyers). We have Toronto, Ottawa, Hamilton, Brampton,
Mississauga and other Ontario lawyers registered to help you. You can contact Michael Carabash directly at
michael@carabashlaw.com.
Last Updated: June 2010
© 2008-2010, Dynamic Lawyers Ltd. All Rights Reserved.
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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Affidavits of Execution in Ontario Page 2 of 5
Table of Contents
What is an Affidavit of Execution? ................................................................................................................ 3
When are they used? ....................................................................................................................................... 3
What is the Content of an Affidavit of Execution? ........................................................................................ 4
About Us ......................................................................................................................................................... 5
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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Affidavits of Execution in Ontario Page 3 of 5
What is an Affidavit of Execution?
An “Affidavit of Execution” is used to show that a person has witnessed the signing of a separate document
(e.g. a Will). Sometimes, for a legal document to be valid, there is a requirement that at least ONE or TWO
witnesses saw the parties to that legal document signing it. The witness or witnesses then swear or affirm in
an Affidavit of Execution that they saw the parties sign. They swear or affirm before someone called a
“Commissioner for taking Affidavits” (e.g. a lawyer). Swearing means that they swear on the Holy Bible.
Affirming is used for people who are not religious or who do not want to swear on the Holy Bible. The
contents of a typical Affidavit of Execution are discussed in greater detail below.
When are they used?
Affidavits of Execution are used to show that the following documents have been signed before a witness or
witnesses:
Cohabitation Agreement
Prenuptial Agreement
Marriage Contract
Separation Agreement
Will
Codicil
Revocation of Will
Power of Attorney for Personal Care
Power of Attorney for Property
Revocation of Power of Attorney
Real Estate documents
Personal Property Security documents
Financial institution documents
Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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4.
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Michael Carabash, B.A., LL.B., J.D., M.B.A. michael@carabashlaw.com
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