When Do I Need a Notary Public for Estate Planning?

As you begin estate planning, you’ll come across a few documents that need the signature of a notary public. 

The most common documents you’ll need notarized are your Last Will and Testament, and Power of Attorneys (POAs). Typically there are two POAs, one each for:

• Your property, including your finances
• For personal care, like your health

In most Canadian provinces, both your Will and Power of Attorney must be witnessed by two individuals who are not related to you.

Who can witness my Will and POA?

For example in Ontario, under the Succession Law Reform Act, the witness cannot be:

• A named beneficiary under your Will
  • Anyone who will receive a portion of your estate, like your spouse or child 
• The Attorney appointed under Power of Attorney (as per the Substitute Decision Act)
  • The person who you’ve chosen to act on your behalf for legal or financial matters after your passing

This restriction on witnesses ensures that when you execute your critical life documents, there is no undue influence, or coercion (like a family member pressuring or threatening you into giving them some of your estate).

Finding someone who is completely unrelated to you and your family to witness your Will and Power of Attorney can be difficult. Often, people end up asking a close neighbor or a co-worker to serve as a witness.

Choosing an unaffiliated witness helps avoid problems when your estate goes through the probate process.

Probate is a court-supervised process in which the authenticity of the Will is proven to be valid, and accepted as your true last testament. This process also confirms the appointment of your executor (called an “Estate Trustee” in Ontario), who ensures that your final wishes are carried out.

How to Breeze Through the Probate Process

An Affidavit of Execution (sometimes called an Affidavit of Witness) confirms that the witness watched the document, in this case– your Will, be signed. This simple document usually includes details like: the date of signing, the full name of the signers and witnesses, and the place of signing. 

This Affidavit is strong evidence and proof that supports your Will and Power of Attorneys’ validity.

In case you’ve already signed your Will and POAs in front of two witnesses, but didn’t complete an Affidavit of Execution, you can still have this Affidavit signed after the fact.

Once the Affidavit of Execution is signed, the back of your Will and POAs are marked as ‘Exhibits’ to the Affidavit by the notary and stored together. If your Will or POA did not include an Affidavit of Execution, you can quickly and easily create one through NotaryPro’s Affidavit of Execution Drafting Service.

Certified True Copies of Wills or Power of Attorneys

After your passing, your estate may be required to have a notary public create Certified True Copies of your Will and Power of Attorney to submit to your bank or other major financial institutions. 

Banks, in particular, often request a copy of these documents to process your estate– like when funds held in trust need to be released to beneficiaries or to the executor to pay the costs of handling your estate.

Creating a Certified True Copy is usually completed by your executor or an estate planning service after your passing, however only a licensed notary public can create a Certified True Copy of an original document.

Creating your Will and Power of Attorney

NotaryPro offers simple and convenient ways to witness and notarize every document you’ll need for your estate planning, including: Wills and Testaments, Powers of Attorney, Affidavits of Execution, and Certified True Copies. Once created, NotaryPro can help you sign and notarize these documents through our national network of notaries, or through our popular Online Will Signing Service. Discover more on NotaryPro’s website at www.notarypro.ca