When preparing a will in Ontario, many clients ask about the best way to complete the signing process and the Affidavits of Execution.

In an earlier post on notarizing wills, we explained the different ways a will can be notarized. In this article, we focus on a practical and common question:

Should you sign your will at the notary’s office, or sign it privately first and complete the Affidavit of Execution later?

Each option has advantages and disadvantages.

Option 1: Sign the Will at the Notary’s Office (All Parties Present)

In this scenario, the testator signs the will at our office in front of:

• Two witnesses
• The notary

Everyone is present at the same time and signs in order. The testator signs first, then the witnesses, the witnesses then sign affidavits, and finally the notary commissions those affidavits and stamps the back of the will with an exhibit stamp.

Pros

• The signing is done correctly under supervision
• The risk of technical errors is very low
• There is clear evidence of proper execution
• No follow-up is usually required

For clients who want everything done properly in one visit, this option provides peace of mind.

Cons

• The testator and both witnesses must attend together
• Coordinating schedules can be difficult
• It can be less time-efficient

Option 2: Sign the Will Privately, Complete the Affidavit of Execution Later

In this scenario, the testator signs the will elsewhere in front of two witnesses, without attending our office.

Afterward, one of the witnesses attends our office to swear an Affidavit of Execution.

The Affidavit confirms that the witness saw the testator sign the will.

Importantly, the affidavit does not have to be sworn on the same day the will is signed.

Pros

• The testator does not need to attend our office, but is welcome to do so, especially if they want to ensure they pay for the transaction
• Only one witness usually needs to attend
• Scheduling is easier
• Often more time-efficient

This option works well when it is difficult to coordinate three people at the same time.

Cons

• Delays can occur
• Witnesses may forget to attend
• The affidavit may never be completed if it is postponed too long

While the affidavit can be done later, it is best practice to complete it as soon as reasonably possible.

Common Mistakes When Signing a Will

When wills are signed without professional guidance, errors sometimes occur, such as:

• Witnesses signing in the wrong place
• Missing signatures
• Witnesses not being present at the same time
• A beneficiary acting as a witness
• Pages not being properly initialed

These mistakes can create problems during probate and may require legal advice to resolve.

Which Option Is Right for You?

There is no single “correct” method.

If certainty and simplicity are your priorities, signing at the notary’s office may be best.

If flexibility and convenience are more important, signing privately and completing the affidavit shortly afterward may be preferable.

Our notaries are happy to explain both options so you can choose what works best for your situation.

Important Reminder

We do not provide legal advice about the content or validity of your will.

Our role is limited to witnessing signatures, commissioning affidavits, and certifying copies where appropriate.

If you have questions about how your will should be drafted or executed, you should consult your lawyer.

 

When you need a document notarized, it can be tempting to assume that all notaries offer the same service. In reality, there is an important distinction between lawyer notaries and non-lawyer notaries, and understanding that difference can save time, prevent errors, and provide peace of mind.

In Ontario, not all notaries are lawyers. Some are appointed as notaries public or commissioners of oaths through limited statutory authority, often as part of another profession or role. While they may be legally permitted to notarize certain documents, their scope, training, and ability to assist can be significantly narrower than that of a lawyer notary.

Training and legal background

Lawyer notaries are licensed lawyers who have completed formal legal education, articling, and bar admission, and who remain regulated by the Law Society of Ontario. This means they are trained not only to witness signatures, but also to understand legal documents, statutory requirements, and the broader legal context in which a document is used.

Non-lawyer notaries, by contrast, do not have legal training. Their authority is limited to administering oaths or witnessing signatures, and they are generally not permitted to advise on legal implications or identify potential issues with a document.

Scope of documents

One of the most practical differences shows up when documents are complex, unusual, or intended for use outside Canada. Lawyer notaries are authorized to notarize any type of document and are better equipped to recognize when additional steps, wording, or certifications may be required.

Non-lawyer notaries may be restricted in what they can notarize or may not recognize when a document is incomplete, incorrectly prepared, or unsuitable for its intended purpose. This can lead to documents being rejected later, especially by foreign authorities, courts, or institutions.

Ability to identify problems before they arise

A notary’s role is not to give legal advice during a notarization, but legal understanding still matters. Lawyer notaries are trained to spot inconsistencies, missing elements, or procedural issues that could invalidate a document or cause delays. They can flag concerns early and explain, in general terms, what may need to be addressed before proceeding.

Without that background, a non-lawyer notary may simply witness a signature without realizing there is an underlying issue, leaving the client to discover the problem later when the document is rejected.

Accountability and professional regulation

Lawyer notaries are held to strict professional standards and carry professional liability insurance. They are accountable to a governing body and must adhere to ethical and procedural rules designed to protect the public.

This added layer of oversight provides reassurance, especially when dealing with sensitive, high-stakes, or time-sensitive documents.

Our approach at Walk-In Notary

At Walk-In Notary, all notarizations are performed by licensed lawyers. We do not use paralegals or non-lawyer notaries. This ensures that every client receives service backed by legal training, professional accountability, and broad authority to handle any type of document.

Whether your needs are simple or complex, domestic or international, having a lawyer notary involved helps ensure the process is handled correctly from the start.

When a document matters, who notarizes it matters too.

Why Do I Need to Get This Document Notarized?

This is one of the most common questions we receive at Walk-In Notary. While it might seem like the notary public is the one requiring the notarization, that’s not actually the case.

Notaries do not decide which documents need to be notarized. The requirement usually comes from a third party—such as a government agency, corporation, university, or other institution—that will be receiving your document. So the more accurate question is this: Why does the recipient of my document require it to be notarized?

There isn’t a one-size-fits-all answer, but most of the reasons fall under a few key categories:

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1. To Confirm the Identity of the Signer and Prevent Fraud

This is the most common reason a document is notarized. The recipient wants to ensure that the person signing the document is in fact who they claim to be. This serves two critical functions:

• It prevents impersonation. A third party cannot easily forge your signature or assume your identity if a notary has verified and witnessed the signing.

• It provides legal assurance. Once notarized, the signer cannot later deny having signed the document, which adds a layer of legal reliability.

This is the core of what notaries do: they witness and confirm signatures—often under oath, depending on the document type.

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2. To Certify a Copy of an Original Document

In many cases, the original document cannot or should not be shared directly. For example, you may be applying to a foreign university or submitting important records to an international agency. Instead of sending originals—which risks loss or damage—a notarized copy assures the recipient that:

• The original exists.

• The copy has not been tampered with.

• The copy is a true and accurate representation of the original.

Notarizing a certified copy allows the recipient to trust the document without needing to see the original in person.

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3. To Begin the Apostille or Authentication Process

When submitting documents for use in another country, you may be told that the document must be “apostilled” or authenticated.

While Canada is not a party to the Hague Apostille Convention, we do have a similar multi-step authentication and legalization process. In this process, notarization is often the first step.

Here’s how it works:

• A notary public first verifies and notarizes the document.

• Then, Global Affairs Canada or the relevant provincial body authenticates the notarization.

• Finally, the embassy or consulate of the receiving country legalizes the document.

This process is essential for many cross-border legal and business transactions.

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4. To Follow Custom, Convention, or Internal Policy

Sometimes, the recipient themselves may not even know why notarization is required. It may simply be an internal policy, a customary practice, or a precautionary measure. For example:

• A landlord might require notarized letters of reference.

• A private school might ask for a notarized parental consent form.

• A business might ask for notarized shareholder declarations.

In these cases, notarization is seen as a safeguard that promotes diligence and accountability.

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5. To Create Independent Proof for Future Use

In some instances, the document does not have a specific recipient at all. Rather, the individual wants to establish proof that the document was signed on a specific date and by a specific person—themselves.

This can be useful for:

• Personal declarations.

• Statements of fact.

• Future legal matters where proof of signature may be required.

A notarized document is far more likely to be accepted as evidence than an unsigned or self-signed document.

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In Conclusion

Notarization provides credibility, authenticity, and legal standing to documents. It assures third parties that a document was properly signed, that it hasn’t been tampered with, and that it can be trusted in a court of law, government office, or international setting.

At Walk-In Notary, we don’t decide whether your document needs notarization. But we do help verify your identity, witness your signature, and prepare your documents properly so they will be accepted wherever you send them.

Have questions about your specific document? Contact us today or simply walk in to any of our locations across Ontario. We’re here to help.

When planning for the future, it’s essential to understand the legal tools available to protect your interests. Two of the most important documents in estate and incapacity planning are the Power of Attorney for Property and the Power of Attorney for Personal Care. While both grant decision-making authority to a trusted individual, they serve very different purposes.

If you’re in Ontario and need a Power of Attorney notarized, Walk-In Notary makes the process quick and easy. Below, we’ll explain the key differences between these two documents and why you might need both.

What Is a Power of Attorney for Property?

A Power of Attorney for Property (also called a POA for Property) allows you to appoint someone to manage your financial and legal affairs if you become incapacitated or unable to handle them yourself. This document can take effect immediately or only if you become mentally incapable, depending on how it is drafted.

What Can an Attorney for Property Do?

The person you appoint—known as your “attorney”—can make financial decisions on your behalf, such as:

• Paying your bills and managing your bank accounts
• Filing taxes and handling government benefits
• Buying or selling property
• Managing investments and other assets

What They Cannot Do:

• Make or change your will
• Make medical or personal care decisions (these fall under a different POA)

A Power of Attorney for Property is a crucial document for ensuring your finances are taken care of if you are unable to manage them yourself due to illness, injury, or absence.

What Is a Power of Attorney for Personal Care?

A Power of Attorney for Personal Care (POA for Personal Care) allows you to appoint someone to make healthcare and personal care decisions if you become unable to do so. This document is sometimes called a Medical Power of Attorney or Health Care Proxy in other jurisdictions.

What Can an Attorney for Personal Care Do?

Your appointed attorney can make decisions about:

• Medical treatment and procedures
• Long-term care and living arrangements
• Nutrition, hygiene, and personal safety

What They Cannot Do:

• Handle your financial affairs (this requires a separate Power of Attorney for Property)
• Make decisions while you are still capable of making them yourself

A Power of Attorney for Personal Care is essential if you want someone you trust to make medical decisions for you in case of serious illness or incapacity. Without this document, your loved ones may have to apply to the courts to gain decision-making authority.

Key Differences Between the Two POAs

Feature	Power of Attorney for Property	Power of Attorney for Personal Care
Purpose	Manages finances and legal matters	Makes healthcare and personal care decisions
Takes Effect	Can be immediate or upon incapacity	Only takes effect upon incapacity
Who Can Act?	A trusted individual, lawyer, or financial institution	A trusted individual (not a lawyer or financial institution)
Common Uses	Paying bills, managing investments, selling property	Approving medical treatments, choosing care facilities

Do You Need Both?

Yes, in most cases, it’s wise to have both a Power of Attorney for Property and a Power of Attorney for Personal Care. This ensures that both your financial and medical needs are managed by someone you trust if you become incapacitated.

Without these documents, your loved ones may face delays, legal hurdles, and additional expenses when trying to act on your behalf.

How to Get a Power of Attorney Notarized in Ontario

At Walk-In Notary, we make notarizing a Power of Attorney quick and hassle-free. Simply visit one of our locations, and our experienced notaries will review your document, confirm your identity, and witness your signature.

Why Choose Walk-In Notary?

✅ No appointment needed – Just walk in!
✅ Fast and affordable service
✅ Multiple locations for your convenience
✅ Experienced notaries who understand Ontario law

Visit Us Today!

Need your Power of Attorney notarized? Stop by Walk-In Notary for fast, professional service. Have questions? Contact us today or visit our website for more details.

Finding time to get documents notarized can feel like a hassle. Whether you’re handling personal paperwork, business forms, or travel documents, waiting for an appointment or visiting a notary with limited hours isn’t always convenient. That’s where walk-in notary services come in handy! Here are five key reasons to choose a walk-in notary service for your next notarization:

1. All Our Notaries Are Lawyers

When you choose a walk-in notary service with us, you’re working with qualified lawyers—not paralegals. This distinction matters because, unlike paralegals, lawyers have extensive legal training and experience across a wide range of document types and legal situations. Our notaries have the authority and expertise to notarize any kind of document, from routine affidavits and consent forms to complex legal agreements and international documents.

Lawyers bring a deep understanding of legal processes and requirements, ensuring every document is notarized with accuracy and adherence to all necessary protocols. This added layer of expertise is invaluable for clients who may need guidance on specific requirements or complex notarization needs. So, whether you need a simple signature witnessed or are handling sensitive legal paperwork, our lawyer-notaries are here to help.

2. Convenience and Flexibility

With a walk-in notary service, there’s no need to book an appointment in advance. This can be particularly helpful for those with busy schedules or last-minute needs. Simply visit during business hours, and our team will be ready to assist. Walk-in notaries are there to make your life easier—just drop by when it works for you.

3. Fast and Efficient Service

Walk-in notary services are designed to prioritize speed and efficiency, allowing clients to get in and out quickly. Our experienced notaries handle a wide range of documents and are prepared to notarize them accurately and promptly. We understand that your time is valuable, so we strive to make the notarization process as swift and seamless as possible.

4. Knowledgeable and Experienced Notaries

At our walk-in notary locations, you’ll find trained professionals who can answer your questions and ensure that your documents are notarized correctly. Not every notarial situation is the same—some documents require specific witnessing procedures or extra steps to be legally valid. Our team has the experience to guide you through any unique requirements, ensuring everything is done right the first time.

5. Affordable and Transparent Pricing

Walk-in notary services often offer straightforward, competitive pricing. Without the added administrative fees that come with scheduled appointments, walk-in options can be more affordable. Our pricing is transparent, so you’ll know exactly what to expect before the notary stamp hits the page—no hidden fees or surprises.

Final Thoughts

Choosing a walk-in notary service is about making notarization convenient, efficient, and hassle-free. With flexible hours, skilled professionals, and the assurance of working with experienced lawyers, walk-in notary locations are well-suited to meet your needs without interrupting your day. Next time you need a document notarized, consider stopping by our office to see just how easy it can be!

At Walk-In Notary, our responsibility as Notaries Public is specialized and strictly defined under the law. We serve an important function in witnessing the signing of documents and creating certified copies of original documents. It’s crucial to recognize that our services do not extend to providing legal advice, assisting with document preparation, or reviewing the content of your documents for legal adequacy.

When it comes to signing documents, our role is to ensure that the signature on the document is made by the individual named in it. This process does not involve initialling by the notary, as initialling carries a specific legal implication — it signifies that the person initialling has read, understood, and agreed to the content on the respective page. As notaries, we are not party to the contents of the documents; our sole purpose is to verify the identity of the signers and their conscious act of signing. The only exception to this is that we do initial changes to a document, particularly if we are the ones that make the change.

Some clients have requested that we, as notaries, place our initials on documents to indicate that we have witnessed their own initialling of the pages. However, we do not fulfil this request for several reasons:

Initials are inherently ambiguous and cannot definitively be linked to a specific individual without additional evidence.

Initialling by a notary may be misinterpreted as an endorsement or agreement with the content, which is outside our role.

If it is necessary for a third party to have the initials on each page witnessed, we can accommodate this by notarizing the page with a clear statement specifying that we have witnessed the client’s initials. This formal declaration removes any ambiguity and provides a reliable record of the action taken.

Please be aware that notarizing initials on each page is a separate process from simply witnessing a signature, and may therefore be subject to additional procedures and fees.

We value the trust placed in us by our clients and strive to maintain the integrity of our notarial practice by adhering to these guidelines.

Background

Effective January 11, 2024, Canada joined the Hague Apostille Convention.

As such, if travelling to a Hague signatory country, authenticated documents will be issued apostilles which may not require further legalization at consulates or embassies. Relevant consulate, embassy, and end destination recipients may have unique document requirements.

Joining the Convention has resulted in two major changes in the document authentication services in Ontario:

1. New public documents are eligible for direct authentication which will no longer require notarization prior to authentication. These documents include Vital Statistics documents, Ontario public post-secondary diplomas, degrees, and transcripts issued as of January 2019, and Ontario court-issued documents issued as of July 10, 2023.
2. Authenticated documents destined for Hague signatory countries may no longer require legalization at consulates or embassies. Please continue to verify document requirements with your consulate, embassy, and/or end destination recipient.

Documents eligible for authentication

New categories of Ontario-issued documents are now eligible for authentication without notarization. Please see the list of eligible documents below.

• Vital statistics documents, including polymer birth certificates.
• Business registry documents issued as of 1991, by the Business and Personal Property Branch or the Ontario Business Registry.
• Court-issued documents from the Superior Court of Justice or the Ontario Court of Justice issued as of July 10, 2023. Please note:
  • It may take up to 10-business days to process court-issued documents for in-person authentication requests. If your request is urgent, you may wish to notarize your documents prior to authentication.
  • For Certificates of Divorce issued prior to July 10, 2023, you may either notarize the document or have it reissued either online or at the court where the original was filed. A newly reissued Certificate of Divorce will be eligible for authentication without notarization.
  • All other court-issued documents issued prior to July 10, 2023, will continue to require notarization.
• Ontario-issued public postsecondary degrees, diplomas and transcripts issued since January 1, 2019.

Notarized documents issued by an Ontario notary public continue to be eligible for authentication.

Why you may still want to notarize these documents:

• Your document falls within one of these categories but was issued prior to the cut-off date. These documents still need to be notarized.
• You do not want to send your original document. If you go for direct authentication, the authentication certificate is attached to the original.
• You need to authenticate more than one copy of your document. If you need more than one copy, it is generally easier and cheaper to get certified copies from a notary public rather than ordering extra copies from an Ontario institution.
• You do not want to modify your original document. If you go for direct authentication, the authentication certificate is attached to the original.
• Fees: The fee for authenticating a notarized document is $16 and the fee for directly authenticating eligible documents is $32. Thus, some of the cost of notarization is offset at authentication.

Scenario: You’ve been asked to have your university degree that was issued after January 1, 2019 authenticated:

Option 1: Your one and only University degree would have a hole punched through a corner and an authentication certificate attached to it.

Option 2: You go to a notary, the notary makes a photocopy and certifies it as a true copy, and then you get the certified copy authenticated. Your original degree is untouched and stays with you.

For more information about the authentication process, please visit:

https://www.ontario.ca/page/authenticate-document-use-outside-canada

At Walk-In Notary, we try to make your experience as easy and quick as possible. That’s why we have a number of walk-in locations conveniently located across the province. No appointment is ever required for our walk-in service. Simply visit one of our locations, notify the receptionist that you would like to visit with the Notary Public and we will take care of the rest. Our in-person service can help you obtain your notarized document in minutes, therefore, it is the quickest and easiest way to get your document notarized.

But we understand that sometimes you can’t attend one of our offices. We try to make our service accessible to anyone, regardless of their location. Our online service makes this easy. We know that not everyone has experience with video conferences or digital documents, so we walk you through the process with step by step instructions.

 

What do you need to know about our online services?

• What is required to access the service? To access the service, you will need to have internet access, a computer (or smartphone) with a camera and microphone, an email address, and the ability to pay with either an e-transfer or credit card.
• How do I start the process? Simply email us at online@walkinnotary.com. We will give you instructions on how to proceed.
• What are the ID requirements? As we are dealing remotely, we take extra precautions to ensure that we meet the highest standards of professional responsibility and security. For this reason, we will ask that you provide us with two (2) pieces of valid government issued identification (at least one piece must be a photo ID). Don’t worry, we never share your information or documents with anyone without your written consent.
• How is the document commissioned? Simply send us a Word or PDF document that requires signing. That document will be uploaded, and formatted for commissioning, through an online signing platform. You will be securely sent the digital (password protected) version of your document. You will sign the document during a video meeting with the Notary Public. After payment is received, we will commission the document and it will be sent to you electronically. There is no physical hard copy of the document, though you can print it for your use. For this reason, we cannot affix a physical Notary Seal to the document.
• Are drafting services available through the online service? Yes, we can draft most of the same documents that we draft at one of our walk-in locations. We routinely draft Letters of Invitation, basic Affidavits and Statutory Declarations, OSAP supporting letters, Single Status declarations, Declarations of Marital Status (or Common Law Status) and more. As with the in person service, we cannot provide legal advice, nor draft Wills or Powers of Attorney.
• How can I pay? We are happy to receive payment through e-transfer or online credit card payment. Please note that we do not accept cheques or cash for the online service. A receipt will be sent you by email upon completion of the document’s commissioning process.

Have any questions about the online service? Click here for more information: https://www.walkinnotary.ca/online-notary/

You can also email us at online@walkinnotary.com. We look forward to assisting you.