Affidavit of Execution Form | Canada

Add this clause to a Will made in Canada to direct how life insurance proceeds are to be distributed.

• The testator (person making the Will) declares that the proceeds of life insurance policies, except for RRSPs, are to form part of the estate and be paid to the beneficiaries as such.
• This clause is intended to be considered a declaration within the meaning of the Insurance Act (Canada).
• This Canada Will Clause re Insurance Proceeds is a downloadable form in MS Word format.

Have you and your spouse decided to separate? Put the terms of the separation in writing with this Separation Agreement for Canada.

• The Agreement provides for custody of and access to the children of the marriage (if any), and the amount of spousal support and child maintenance to be paid by one spouse to the other (if any).
• Joint debts will be paid by both parties, and debts owed by one of the individuals will be paid solely by the person owing the debt.
• The parties will agree on how property jointly owned by both spouses will be divided. Property owned by only one person will belong to that person.
• There is a section dealing with the disposition of the matrimonial home, which must be agreed on by both parties.
• Each spouse must list his or her assets and liabilities.
• The form includes an Affidavit of Execution form (to be sworn by a witness), a Certificate of Independent Legal Advice or an Acknowledgement and Waiver of Independent Legal Advice (whichever is appropriate).
• You will need to see a lawyer for independent legal advice before signing this form.
• Available in MS Word format.
• Drafted in consideration of Canadian laws and intended to be used only in Canada.

Write up an Acknowledgement and Waiver of Independent Legal Advice for a client to sign with this template form for Canadian lawyers.

• The person signing the document acknowledges that he or she has been offered independent legal advice to advise him (her) of the ramifications, effect and scope of the document he or she is signing.
• The person has decided of his or her own free will to waive such independent legal advice.
• This form can be used anywhere in Canada.
• This is a reusable Canadian legal form. Purchase it, download it, save it as a template, use it as often as you require.
• To access the form, add it to your shopping cart and go through checkout, then download.

Put together all the information you need to create your estate plan with this comprehensive Estate Planning Checklist & Questionnaire for Canadian residents.

What is an estate plan and why do I need one?

The purpose of an estate plan is two-pronged: (1) after your death, to distribute your estate assets to the people or organizations that you designate, and (2) while you're still living, to give someone you trust the authority to make financial and healthcare decisions for you if you become unable to do so.

That's a simplified version, but it pretty much sums up the essence of an estate plan. 

The documents that make up your estate plan will include a Will (sometimes accompanied by the formation of a testamentary trust), a Power of Attorney for financial matters, and a Personal Directive (also called a Living Will, Healthcare Directive or Medical Directive), for healthcare and personal care matters.

Every person who owns assets, investments, or personal property that they want passed on to family members or others needs to have a Will, so that your property and personal items are distributed according to your wishes.

And each of us faces the uncertainty of a future time where we may no longer be able—whether physically or mentally—to make decisions for ourselves.

That is why every Canadian adult should make an estate plan—to ensure your wishes are followed, and to give both you and your loved ones peace of mind.

Learn more about making an estate plan in Canada.

What is the scope of this questionnaire?

The Estate Planning Checklist & Questionnaire will help you compile the data and provide the answers your legal and financial advisors will need to prepare your estate plan documents (will, trust, power of attorney, health care directive, etc.).

The Questionnaire will assist you in pulling together information your advisors and executors will need regarding:

• personal and family information
• assets and investments in your name, or jointly held with others
• life insurance policies
• liabilities you are responsible for
• business information, including farming interests
• personal balance sheet and income statement
• a list of documents your legal and financial advisors will want to review
• digital assets and online accounts

There are two versions of the digital assets section. One version is for your executors, which includes log-in details and information about:

• email accounts
• websites and domains you own
• social media, blogs and other user-generated content
• shopping accounts
• affiliate accounts and online revenue streams (such as Etsy, EBay, Amazon Handmade, Kijiji, etc)
• cryptocurrency accounts
• online banking and investment accounts

The other version of this digital assets section is for your lawyer and financial advisor, and does NOT include any usernames, passwords, passkeys, codes or other log-in details.

Once you have answered all questions in each section, you and your advisors will be able to prepare your estate plan documents with ease.

Learn more about digital assets:  What is a digital footprint? Should it be part of your will?

Templates for Canadians by Canadians

This document makes references to Canadian taxes and registered savings plans, but could be used in other countries with relatively minor changes to the specific questions.

The Estate Planning Checklist & Questionnaire for Canada is available as a downloadable MS Word template. You can reuse this document for other members of your family. Buy once, use as often as you like.

Our document templates are created by human professionals, in some instances with assistance from AI tools. They are always reviewed, vetted and finalized by humans. 

MegaDox.com—supplying you with the documents you need to manage your business and your life since 1999.

This Executorship Questionnaire for Canadians will help you choose executors and personal representatives as part of your estate planning process.

• Complete the detailed 14-page questionnaire form with all the pertinent information you need in order to choose the people who will administer your estate after your death, or act on your behalf if you become incapacitated, including: an executor, trustee, guardian for minor children, and attorney under an Enduring Power of Attorney.
• The form also includes instructions for preparing estate planning documents: (will, power of attorney and advance medical directive).
• No need to buy multiple copies for different family members - purchase one copy and use it as often as you like.
• This form is downloadable and fully editable. Available in MS Word format.
• Intended to be used only in Canada.