Form 74.10 "Affidavit of Condition of Will or Codicil" - Ontario, Canada

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FORM 74.10
Courts of Justice Act
AFFIDAVIT OF CONDITION OF WILL OR CODICIL
ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE ESTATE OF (insert name), deceased.
AFFIDAVIT OF CONDITION OF WILL OR CODICIL
I, (insert name), of (insert city or town and county or district, metropolitan or regional municipality
of residence), make oath and say/affirm:
1. On (date), I was present and saw the document marked as Exhibit “A” to this affidavit executed by
the deceased.
2. (Insert name) executed the document in the presence of myself and (insert name of other witness and
city or town, county or district, metropolitan or regional municipality of residence).
3. On (date), I signed the document in the testator’s presence (insert by video conference, if applicable)
as an attesting witness.
Insert either paragraph 4 or 5 below if both witnesses were present when each signed (in addition to
the testator whose presence is required).
4. (insert name of other witness) and I were both physically present at the same time and signed the
document in the testator's presence by video conference as attesting witnesses.
OR
5. (insert name of other witness) was in the presence of myself by video conference and the testator by
video conference when I signed the document as an attesting witness.
6. The following alterations, erasures, obliterations or interlineations that have not been attested appear
in the document:
7. The document is now in the same condition as when it was executed.
Sworn or Affirmed before me: (select one):
in person OR
by video conference
Complete if affidavit is being sworn or affirmed in person:
FORM 74.10
Courts of Justice Act
AFFIDAVIT OF CONDITION OF WILL OR CODICIL
ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE ESTATE OF (insert name), deceased.
AFFIDAVIT OF CONDITION OF WILL OR CODICIL
I, (insert name), of (insert city or town and county or district, metropolitan or regional municipality
of residence), make oath and say/affirm:
1. On (date), I was present and saw the document marked as Exhibit “A” to this affidavit executed by
the deceased.
2. (Insert name) executed the document in the presence of myself and (insert name of other witness and
city or town, county or district, metropolitan or regional municipality of residence).
3. On (date), I signed the document in the testator’s presence (insert by video conference, if applicable)
as an attesting witness.
Insert either paragraph 4 or 5 below if both witnesses were present when each signed (in addition to
the testator whose presence is required).
4. (insert name of other witness) and I were both physically present at the same time and signed the
document in the testator's presence by video conference as attesting witnesses.
OR
5. (insert name of other witness) was in the presence of myself by video conference and the testator by
video conference when I signed the document as an attesting witness.
6. The following alterations, erasures, obliterations or interlineations that have not been attested appear
in the document:
7. The document is now in the same condition as when it was executed.
Sworn or Affirmed before me: (select one):
in person OR
by video conference
Complete if affidavit is being sworn or affirmed in person:
at the (City, Town, etc.) of ...................................................................... in the (County, County, Regional
Municipality, etc.) of ...................................................., on (date).
______________________________________
__________________________________________
Signature of Commissioner (or as may be)
Signature of Deponent
Use one of the following if affidavit is being sworn or affirmed by video conference:
Complete if deponent and commissioner are in same city or town:
by ..................... (deponent’s name) at the (City, Town, etc.) of ..................... in the (County, Regional
Municipality, etc.) of ....................., before me on ..................... (date) in accordance with
O. Reg.
431/20,
Administering Oath or Declaration Remotely. ………………………………………………………
Commissioner for Taking Affidavits (or as may be)
______________________________________
__________________________________________
Signature of Commissioner (or as may be)
Signature of Deponent
Complete if deponent and commissioner are not in same city or town:
by ..................... (deponent’s name) of (City, Town, etc.) of ..................... in the (County, Regional
Municipality, etc.) of ....................., before me at the (City, Town, etc.) of ..................... in the (County,
Regional Municipality, etc.) of....................., on ..................... (date) in accordance with
O. Reg.
431/20,
Administering Oath or Declaration Remotely. ………………………………………………………
Commissioner for Taking Affidavits (or as may be)
______________________________________
__________________________________________
Signature of Commissioner (or as may be)
Signature of Deponent
NOTE: If paragraph 3 is not correct, add the words “except that” and give details of the exceptions.
RCP-E 74.10 (September 1, 2020)
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