Official Ontario court form guide
Affidavit of Execution of Will or Codicil (Form 74D)
Ontario Form 74D is the prescribed estate court form used by a witness to swear or affirm facts about the execution of a will or codicil. Obtain the current Word form from Ontario Court Services and confirm that Form 74D is appropriate for the estate matter before booking commissioning.
Use the active form listed in the official estate-forms table. Do not download an archived 74D or an older Form 74.8 from a third-party site.
Purpose of Form 74D
The affidavit records a witness’s sworn evidence that the will-maker executed the will or codicil in the circumstances described on the form. It may be required as part of an application for a Certificate of Appointment of Estate Trustee. It does not create a will, repair an invalid will or decide whether probate is required.
The person swearing the affidavit must have direct knowledge of the signing. The estate trustee, beneficiary or person delivering the papers cannot simply sign on the witness’s behalf. If the witnesses have died, cannot be found, or cannot recall the signing, the court may require different evidence; obtain estate-law advice before choosing a substitute document.
What the witness should bring
- The current official Form 74D, completed where appropriate but not signed or sworn.
- The original will or codicil connected to the affidavit, handled exactly as instructed by the estate professional or court guide.
- Valid government-issued photo identification showing the witness’s current legal name.
- The will-maker’s full legal name and the date the will or codicil was executed.
- Any written directions from the lawyer, estate trustee or court office, including how an exhibit is to be marked.
Protect the original will
Do not unstaple, restaple, write on or otherwise alter an original will unless a qualified estate professional has told you what is required. Changes in condition may need to be explained in a probate application.
At the appointment
- Identification: the commissioner verifies the witness’s identity.
- Form check: names, dates, court headings and blank fields are reviewed for completeness without giving legal advice.
- Oath or affirmation: the witness confirms that the affidavit’s facts are true from personal knowledge.
- Signature: the witness signs only while connected with the commissioner, whether the appointment is in person or uses an authorized remote process.
- Jurat and exhibit: the commissioner completes the applicable jurat and handles any exhibit marking required by the form and instructions.
Commissioning confirms the oath or affirmation and signature process. It does not certify that the will is legally valid, that the estate application is complete, or that the court will issue a certificate.
Common questions
Should the will-maker attend?
Form 74D is normally sworn or affirmed by a witness to the will or codicil, not by the will-maker. Follow the current form and any instructions from the estate professional managing the application.
Can the affidavit be completed years after signing?
A witness may be asked to swear it later, but they must still be able to truthfully give the evidence requested. If memory, names, dates or the document’s condition create uncertainty, obtain legal advice before commissioning.
Is a photocopy enough?
That depends on the purpose and the directions for the probate file. Confirm in advance whether the commissioner must review or mark the original will or codicil and how it should be protected.
Need a commissioner or notary?
Bring the unsigned document, valid identification and the receiving organization’s instructions. Eligibility for online commissioning depends on the document and recipient.
