In managing the affairs of a person who has passed away, certain documents play a pivotal role, one of which is the Form 74.9 under the Courts of Justice Act. This form serves as an affidavit attesting to the handwriting and signature of a holograph will or codicil. It is a critical piece required by the Ontario Superior Court of Justice in matters involving the estate of the deceased. The significance of this document lies in its function to authenticate a will or codicil that has been entirely handwritten by the deceased. By swearing or affirming, the signatory of the affidavit, who must be familiar with the deceased's handwriting and signature through prior acquaintance, plays a crucial role in the legal processes surrounding the validation of the will or codicil. This is a delicate duty, requiring a careful examination and the affirming individual's belief that the document in question—designated as Exhibit "A"—is indeed in the handwriting of the deceased. It underscores the importance of personal testimony in the administration of estates, ensuring that the wishes of the departed, as expressed in their holograph will or codicil, are faithfully executed. The affidavit, which must be sworn or affirmed before a Commissioner for Taking Affidavits or an equivalent authority, marks a vital step in upholding the integrity of the deceased's final wishes, paving the way for their assets to be distributed according to their handwritten directives.
| Question | Answer |
|---|---|
| Form Name | Form 74 9 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | CODICIL, AFFIRMED, Affidavits, signature attestation form |
FORM 74.9
Courts of Justice Act
AFFIDAVIT ATTESTING TO THE HANDWRITING AND SIGNATURE OF A HOLOGRAPH WILL OR CODICIL
ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE ESTATE OF (insert name), deceased.
AFFIDAVIT ATTESTING TO THE HANDWRITING
AND SIGNATURE OF A HOLOGRAPH 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.I was well acquainted with the deceased and have frequently seen the deceased’s signature and handwriting.
2.I believe the whole of the document dated (insert date), now shown to me and marked as Exhibit “A” to this affidavit, including the signature, is in the handwriting of the deceased.
SWORN/AFFIRMED BEFORE |
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A Commissioner for Taking Affidavits (or as may be)