Affidavit of Witness to a Will in Alberta: How it can speed up probate
- Jeremy R. Wiebe
- 3 days ago
- 3 min read
Updated: 20 hours ago
When applying for probate in Alberta, one of the Court’s main concerns is whether the will was properly executed. The Affidavit of Witness to a Will exists to answer that question. Having this affidavit almost always speeds up probate. Not having it often means extra steps and delays.
If you are the named executor in a Will and do not have an Affidavit of Witness to the Will, we can help. Book a free consultation today.
What is an Affidavit of Witness and why does it matter?
An Affidavit of Witness is a sworn statement from one of the witnesses confirming that:
the testator signed the will, the witnesses were present together, and the execution complied with the Wills and Succession Act. When this affidavit is filed with a probate application, the Court can accept the will’s execution without further investigation. This typically results in a faster grant of probate.
Best practice: complete the affidavit when the will is signed
When a will is drafted by a lawyer in Alberta, best practice is to:
have the will executed properly, and
immediately have one witness swear the Affidavit of Witness, which is attached to the will.
Doing this at signing avoids the need to:
locate witnesses years later,
deal with memory issues, illness, or death of witnesses, or
provide substitute evidence to the Court.
From a probate perspective, a will with an affidavit of witness is simply easier and quicker to process. As one commentary puts it:
“the main reason for including … an Affidavit of Witness to a Will … is that it makes life easier for your Executor when it comes time for a probate application.” West Legal
NC8 vs GA8: using the correct form
Historically, the affidavit was completed using Form NC8. Alberta’s surrogate forms changed on June 15, 2022, and probate applications must now use the GA-series forms, including Form GA8 – Affidavit of Witness to a Will.
Key practical point:
Probate applications filed after June 15, 2022 must use GA8 and not NC8.
Lawyers drafting wills today should use GA8 so the will is “probate-ready.”
Using outdated or missing forms can trigger requisitions and slow the application.
How an affidavit of witness speeds up probate
When GA8 is attached and properly completed:
the Court usually does not require additional evidence of execution,
the executor avoids tracking witnesses, and
the application proceeds through the registry more smoothly.
In uncontested estates, this can mean probate is issued weeks sooner than it otherwise might be.
What happens if there is no affidavit of witness?
A missing affidavit does not invalidate the will. However, it often slows probate.
If a witness can be located
If one of the witnesses is alive and available, they can swear a GA8 after death. This adds time and coordination but usually resolves the issue.
If witnesses are dead or cannot be found
If no witness can provide an affidavit, the executor may need to:
file an Affidavit of Handwriting (GA9) from someone familiar with the testator’s handwriting, or
provide other evidence satisfying the Court that the will was properly executed.
This typically results in:
additional affidavits,
increased legal cost, and
longer processing times at the Court.
Practical takeaways for Alberta wills and estates
An affidavit of witness is not required for a will to be valid, but it is often critical for efficient probate.
Completing GA8 at the time the will is signed is one of the simplest ways to reduce future delay.
Missing affidavits shift the burden onto executors at a stressful time.
From an estate-planning standpoint, a will with GA8 attached is easier, faster, and cheaper to probate.
Why our firm includes GA8 as standard
As part of our Alberta wills practice, we complete the Affidavit of Witness at the time of execution. This ensures the will is ready for probate and minimizes delay for executors later.
If you are administering an estate and are unsure whether an affidavit of witness is required or how to deal with a missing affidavit, we can advise on the fastest and most cost-effective path forward.
Book a free consultation today.