The Discipline Committee is concerned with the failure of some practitioners to ensure that an Affidavit of Execution is completed by a witness upon execution of a will. The profession is reminded that the best practice to follow when preparing a will is to draw and attach the Affidavit to the will at the time of execution. This avoids the problem of trying to locate the witnesses at a later date when an application for probate is made.
The Discipline Committee also advises the profession that when drawing a will it is inappropriate to charge an additional fee for the preparation of the Affidavit of Execution of the will
The Law Society of Manitoba
200 – 260 St. Mary Ave.
Winnipeg, Manitoba, R3C 0M6