Signing Your Will

The following procedure sets out the requirements to legally sign a Will:

  1. You and two witnesses must be present in the same room at the same time, and you must each watch one another sign the Will.

  2. Neither witness should be a beneficiary or the spouse of a beneficiary named in the Will or the gift to such person or the spouse of such person will fail.

  3. Put your initials at the right hand corner of the bottom of each page (except the last page where you will sign the Will on the line above your name).

  4. Each witness must then initial each page next to where you placed your initials.

  5. Insert the date where indicated on the last page of your Will, and place your initials in the margin closest to where you inserted the date (the 2 witnesses should also place their initials in this location as well, next to your initials).

  6. On the last page of the Will sign with your normal signature on the line above where it states "Name of Testator" (sign as if you were writing a cheque).

  7. On the last page of the Will, each witness should print his or her name, address, and occupation in the spaces provided and then sign with their normal signature on the line above where it states "(Signature of Witness)". You and the witnesses should only sign the original Will (no copies).

  8. In many Provinces, you will want your witnesses to sign a document called an Affidavit of Execution (a sworn statement). This Affidavit of the subscribing witnesses must be sworn before a Notary Public in your Province (or an Officer authorized to administer Oaths under the laws of your Province). This Affidavit eliminates the need for the witnesses to later testify that they witnessed your signing the Will. Otherwise, problems may result if the witnesses have died or cannot be located.