Form 74D explained, in plain words

Form 74D is a sworn page from a witness — one of the two people who watched the will get signed. Its official name is “Affidavit of Execution of Will or Codicil.” An affidavit is a sworn statement: a page someone swears is true. In an Ontario probate application, this page is the court’s proof that the will was really signed, with witnesses there. The will itself is attached to the page and marked as Exhibit “A.” The same form covers a codicil — a signed add-on that changes a will.

Sometimes this page already exists. Many wills have one stapled on, or kept in the same envelope, from the day of signing. The words “Affidavit of Execution” near the top are the giveaway. If a sworn one is already there, it can do the job — the court asks for this proof, not for a page made today. If none exists, a witness makes one now — using Form 74D.

Who fills it in, who signs it

Anyone can type in the details. But only two people sign it:

• A witness who watched the signing. The form calls this person the “deponent” — the one who swears.
• A commissioner for taking affidavits. An official who watches the witness sign, then signs too. Lawyers, paralegals and notaries can act as commissioners, among others.

This form belongs to a witness. Being the applicant is not enough — only someone who watched the will get signed can swear it. And one witness’s sworn page is enough. The form is built that way: the witness who swears it names the other witness inside it.

The witness “swears” or “affirms” the page in front of the commissioner. That means they promise it is true. The form allows this in person or by video call. The video wording is printed right on the form. It follows a rule called O. Reg. 431/20 about swearing remotely.

The form also carries its own printed warning: “A beneficiary or the married spouse of a beneficiary should not be a witness to the execution of the Will or codicil.” In plain words: the witness should not be a person the will gives something to, or that person’s husband or wife.

What the form asks for, part by part

The form is short. Here is each part, using the form’s own labels.

The heading. “In the matter of the execution of a Will or codicil of (insert name).” That blank takes the name of the person who died. The form calls them the “testator” — the person who made the will.

The opening line. “I, (insert name), of (insert city or town and county…)”. The witness’s own name goes here, with the city and county where they live.

Paragraph 1. The date the will was signed. Whether the witness was present “in person” or “by video conference.” The will-maker’s name. And that the witness saw “the document marked as Exhibit ‘A’” get signed. That document is the will, attached to this affidavit.

Paragraph 2. The will-maker’s name again, then the other witness’s name and where that witness lives.

Paragraph 3 or 4 — one, not both. The form’s own instruction says to insert one of these when both witnesses were present as each person signed. Paragraph 3 says the two witnesses were “physically present at the same time.” Paragraph 4 is the video version.

Paragraph 5 — only if it applies. The witness states they are a “lawyer” or “paralegal” licensed by the Law Society of Ontario. This paragraph is for some video signings. For those, the rules said one witness had to be a lawyer or paralegal.

Paragraph 6 — only if it applies. Used when the will-maker was blind, or signed by making a mark (like an X). It says the will was read to them first, and they “appeared to understand the contents.”

The swearing block at the end. Two checkboxes — sworn “in person” or “by video conference.” Only one can be true, so only one gets checked. Then the date, the signature of the commissioner, the signature of the witness, and — for video swearing — where each person was.

Mistakes that get this form bounced

Court staff send a whole application back when one paper is wrong. (Our guide on why applications get sent back covers the full list.) For Form 74D, the known traps are:

1. The wrong person swears it. This page belongs to a witness who watched the signing. Applying for probate does not make someone able to swear it. A page sworn by someone who was not there proves nothing.
2. No witness page at all. When no affidavit exists with the will, the rules make this proof part of a complete application. If it is missing, court staff can refuse the package and send a written notice instead of a certificate. And when both witnesses have died or cannot be found, the rules allow other evidence — that is a situation for a lawyer licensed in Ontario, not a form to fill.
3. The will is not marked as Exhibit “A.” The affidavit points at “the document marked as Exhibit ‘A’” — so the original will must be marked as that exhibit and go with it. Without the marking, the sworn page points at nothing.
4. The witness is a beneficiary, or married to one. The form’s own warning says this should not happen. When it has happened, that is a situation for a lawyer licensed in Ontario — not a paperwork fix.
5. Half-done swearing. A missing commissioner signature, an empty date line, or both presence boxes ticked. Only one way of swearing happened, so only one box can be right.

Where to get it and where it goes

The court publishes Form 74D as a free Word (.docx) file on the official court forms site. The current version is dated February 1, 2022. Ontario’s estate forms change from time to time, and courts expect the current version — the official index is the safe starting point.

The finished page is filed with the rest of the probate application, at the courthouse for the county or district where the person lived. Many courthouses accept applications by email. For email filing, each court form goes in as its own PDF. The court’s official pages set per-email limits — 35 pages in one source, 35 MB in another — so careful filers stay under both. Our courthouse list has checked addresses and estates emails for 20 Ontario locations.

One thing never goes by email: the original will — the very paper marked as Exhibit “A” — must reach the court on paper, in person or by mail or courier. A scan is not enough. Once a complete application is in, the court’s own guidance says applications are typically processed within 15 business days — longer if anything is missing or a judge has to decide something.

Related guides

• Form 74A — the main application form, explained
• Form 74.1A — the small estate application, explained

Sources

• Official estates court forms index — the free forms
• Rules of Civil Procedure, R.R.O. 1990, Reg. 194 — Rule 74 probate applications
• Apply for probate of an estate (ontario.ca)

Sources last checked 14 July 2026.