Form 65S – Affidavit of Execution of Bond

Jurisdiction: Canada | Province or State: Prince Edward Island

What is a Form 65S – Affidavit of Execution of Bond?

Form 65S is a sworn statement from a witness who watched a bond being signed. The “bond” is a promise—usually in a set dollar amount—that backs a legal obligation. The affidavit confirms that the bond was properly signed by the right people, on the date shown, and in the presence of the witness. It lets the court accept and rely on the bond without calling the signers to testify.

You will see this form when a court requires a bond as a condition of a proceeding or appointment. Common bonds include administration bonds in estates, guardian or trustee bonds, appeal bonds, replevin bonds, and security-for-costs bonds. The bond makes the principal and the sureties answerable if an obligation is not met. The affidavit of execution proves that the signature process was valid.

Who typically uses this form?

The deponent is a person who actually watched the principal and the sureties sign the bond. This is often a lawyer, a legal assistant, or another adult witness present at the signing. The person who needs the affidavit filed is usually the party required to post the bond. That can be you if you are applying to administer an estate without a will, seeking to stay enforcement on appeal, or taking possession of property under a court order.

You need this form because the court wants reliable proof that the bond is genuine. Courts in Prince Edward Island rely on sworn evidence to validate documents that carry legal risk. If you file a bond without a proper affidavit of execution, the registry may reject it. Even if accepted, an improperly executed bond may be harder to enforce. The affidavit is a straightforward way to avoid that risk.

Typical usage scenarios:

• An estate with no will, where you apply for Letters of Administration. The court will often ask for a bond in a set amount with one or more sureties. You file the bond and attach an affidavit of execution from the witness who saw it signed.
• An appeal where you want a stay of enforcement. The court may require a bond to secure the respondent’s costs or the judgment amount. Again, you provide the bond and this affidavit to confirm execution.
• In commercial disputes, you may need a replevin or seizure order. The judge may require a bond to protect the other side from losses. The affidavit of execution is how you prove the bond was signed properly.

When Would You Use a Form 65S – Affidavit of Execution of Bond?

You use this form any time a bond must be filed with the court and the registry requires proof of proper execution. The key question is whether the court needs assurance that the bond’s signatures are valid. If yes, the witness to those signatures should complete Form 65S and swear it before a commissioner. The affidavit travels with the bond into the court file.

If you are acting as an estate administrator, you will likely use this form. Estates without a will often need a bond from the proposed administrator. Two individual sureties may be required, or a licensed surety company. The witness who watched the administrator and the sureties sign the bond completes Form 65S. That affidavit clears the way for the registrar to accept the bond.

If you are a litigation party seeking an interim remedy, you may use this form. The court may grant an injunction, a preservation order, or a writ for delivery of goods. The order may be conditional on posting a bond. You arrange the bond, bring in the signers, and have a witness present. That witness swears Form 65S to confirm execution. You then file both documents to satisfy the condition.

If you are an appellant seeking a stay, you may use this form. Stays often require an appeal bond. The bond must be signed by the appellant and any sureties. The witnessing person then swears the affidavit. You file the bond and affidavit when seeking the stay or within the timeline set by the court.

If you are a receiver, trustee, or guardian, you may use this form. Appointments often depend on a bond. The bond assures the court that you will perform your duties and cover losses. The witness to the bond signs and swears Form 65S so the court can accept it.

Tenants, landlords, and small business owners might use this form in less common cases. If a court order in a property or contract dispute requires a bond, you will need to file an affidavit of execution. The same applies if you are using a corporate surety bond sourced through a broker. The execution still needs to be confirmed by a witness on this affidavit form.

Legal Characteristics of the Form 65S – Affidavit of Execution of Bond

Form 65S is a sworn affidavit. It is legally binding because you make statements under oath or affirmation before a commissioner for oaths, notary public, or other authorized person. False statements expose the deponent to penalties for perjury. The form sits in the court record as evidence of how and by whom the bond was executed. The court relies on it to accept and enforce the bond.

What ensures enforceability is proper execution of the bond and a credible affidavit?

The bond must name the correct court file, parties, and bond amount. The signers must be the actual principal and sureties. They must sign in the presence of the witness. The witness must then identify them and swear the affidavit. The commissioner must complete the jurat with date, location, and credentials. If the bond is an exhibit to the affidavit, it should be marked as an exhibit and initialled by the commissioner. These steps create a clear chain of proof.

The affidavit does not create the bond obligation. The bond does that. The affidavit proves that the bond’s signatures are real and that the signers appeared to sign willingly and with capacity. Courts often require this assurance. Without it, the court may question whether the proper people signed. That risk can undermine the bond’s practical value.

General legal considerations include capacity, identification, and voluntariness. The signers must be adults with capacity to contract. They should present reliable identification to the witness. The witness should be satisfied they are signing freely, without duress. The bond should not contain blanks or uninitialled changes. Names must match across the bond and affidavit. Dates should be consistent. If the bond requires seals or “L.S.” marks, those should be present. If a corporate surety is used, attach the power of attorney from the surety and have the execution witnessed. If you sign outside Prince Edward Island, make sure the person taking the affidavit is authorized, and that the jurat meets local requirements.

Finally, an affidavit is evidence, not argument. Keep the content factual and limited to what the witness saw and knows. Do not include hearsay or opinions about the merits of the case. The purpose is to prove execution, nothing more.

How to Fill Out a Form 65S – Affidavit of Execution of Bond

Step 1: Confirm you are the right deponent.

You should be the person who actually watched the bond get signed. You need first-hand knowledge of who signed and when. If you did not witness the execution, do not complete the affidavit. Ask a proper witness to do it instead.

Step 2: Obtain the correct form.

Use the Form 65S template suited for Prince Edward Island. Do not alter the structure. If you must adapt, keep the required statements intact. The form should allow you to identify the bond and the signers.

Step 3: Prepare the court heading.

At the top, insert the correct court name. Use the Prince Edward Island court where the proceeding or estate is filed. Enter the court file number exactly as assigned. Fill in the style of cause or estate reference. For a lawsuit, list the parties as “Plaintiff v. Defendant.” For an estate, use “In the matter of the Estate of [Full Name], deceased.”

Step 4: Identify yourself as the deponent.

State your full legal name, residence city or town, and occupation. Avoid initials. Use your complete street address if the form requires it. Keep the details accurate and current.

Step 5: Identify the bond.

Describe the bond by date, amount, and parties. Name the principal and each surety exactly as they appear on the bond. Include the penal sum and the condition in plain terms, such as “to faithfully administer the estate” or “to secure the respondent’s costs on appeal.” If the form calls for an exhibit, mark the bond as Exhibit “A” and refer to it in the affidavit.

Step 6: State how execution occurred.

Confirm that you were present and saw the principal and sureties sign the bond. Name each signer and point to their signatures on the bond. State that they signed voluntarily and in your presence. If you identified them using government ID, add a short statement that you checked their identification. Do not copy ID numbers into the affidavit unless the form requires it.

Step 7: Confirm the date and place of signing.

Enter the actual date and location where the bond was signed. If different signers signed on different dates, describe each event clearly. Use full dates. Match the dates on the bond if possible. Avoid vague timeframes.

Step 8: Cover any required extras.

If a corporate surety signed, note the attachment of the power of attorney appointing the signing attorney-in-fact. If a seal or corporate seal was affixed, mention it. If the bond had alterations, state that the parties initialled each change before signing. If initials were used for middle names, ensure consistency across documents.

Step 9: Review for consistency.

Check that names, dates, amounts, and file numbers match the bond and the court record. Look for spelling errors. Confirm that the bond amount in words matches the number. Correct any errors before swearing. If you must make a correction on the affidavit, cross it out neatly, write the correct text, and initial the change. Ask the commissioner to initial as well.

Step 10: Arrange to swear or affirm the affidavit.

You must sign in front of a commissioner for oaths, a notary public, or other person authorized to take affidavits in Prince Edward Island. Bring government photo ID. Do not sign beforehand. The commissioner will verify your identity, administer the oath or affirmation, and watch you sign.

Step 11: Complete the jurat.

The commissioner fills in the jurat at the end. It states where and when the affidavit was sworn and includes the commissioner’s name and capacity. Make sure the location is the city or town where you are swearing. Confirm the date is the day you sign. The commissioner signs and, if applicable, stamps their seal.

Step 12: Mark and initial exhibits.

If the bond is attached as an exhibit, the commissioner should mark it “Exhibit A” and initial the marking. If there are multiple exhibits, label them “A,” “B,” “C,” and so on. Refer to each exhibit in the affidavit text using the same letter. Ensure the exhibit pages include the file number if the registry prefers it.

Step 13: Make copies.

Prepare a full copy set for filing and for your records. Keep the original ink-signed affidavit and bond together. Some registries require the original bond with wet signatures. Do not staple through the jurat or exhibit stamp areas if the registry requests flat filings. Use clips as directed.

Step 14: File with the correct registry.

File the bond and the affidavit of execution in the court file to which the bond applies. For estates, file with the probate or estates section of the Supreme Court. For civil proceedings, file with the general registry handling your action or appeal. Pay any filing fees if required. Note any deadlines in your matter and file before they pass.

Step 15: Obtain proof of filing.

Ask for a filed copy or a court stamp on your copy. Confirm the registry accepted the documents without defects. If the registry notes an issue, fix it promptly. Common fixes include missing exhibit labels, incomplete jurats, or mismatched names.

Step 16: Keep originals safe.

Store the original executed bond and the sworn affidavit in a secure place or as the registry directs. You may need to produce them later if the bond is called or challenged. Maintain a chain of custody and version control in your file.

Practical examples help ground the process. If you are applying for Letters of Administration for your late parent’s estate, the registrar may require a bond twice the estate value. Two friends agree to act as sureties. You meet at your lawyer’s office. Your lawyer witnesses all three of you sign the bond. Your lawyer then completes Form 65S, stating that they witnessed each signature on the date and at the office. The lawyer swears the affidavit before a colleague who is a commissioner for oaths. You file both documents with your application.

If you are an appellant seeking a stay, the court orders a bond for $25,000. Your company signs as principal, and a licensed surety company signs as surety. The surety’s attorney-in-fact attaches a power of attorney. Your law clerk witnesses both signatures on the same day and completes Form 65S. The clerk swears the affidavit before a notary and files it with the bond in the appeal file.

Avoid common pitfalls. Do not sign the affidavit before appearing in front of the commissioner. Do not let signers execute the bond outside the witness’s presence. Do not use nicknames or incomplete legal names. Do not leave blanks in the bond. Do not attach an unsigned copy of the bond as an exhibit. Do not mix up the style of cause or file number. Each of these can delay filing or weaken enforceability.

A final note on tone and content. Keep the affidavit focused. Your role as deponent is to tell the court who signed the bond, when, and under your observation. You do not need to explain why the bond was required or whether it is fair. The court will handle those issues elsewhere in the file. Your clear, factual affidavit will help the court accept and rely on the bond without delay.

Legal Terms You Might Encounter

• You will see the word affidavit. An affidavit is a written statement you swear or affirm is true. In this form, the witness swears that they saw the bond being signed.
• Execution means the act of signing a legal document with the required formalities. Here, it means the principal and any surety signed the bond in the witness’s presence.
• A bond is a promise to the court that covers a financial risk. In estates or other matters, the bond protects people who could be harmed by the principal’s actions. Your affidavit proves the bond was properly signed.
• The principal is the person who must give the bond. If you are the principal, the witness is swearing they saw you sign.
• A surety is the person or company that guarantees the principal’s obligations. If a surety signed, the witness confirms that signature too. If a corporate surety signed, the witness confirms the authorized person signed for the company.
• A deponent is the person who swears or affirms the affidavit. On this form, the deponent is the witness, not the principal or surety.
• The jurat is the statement at the end of the affidavit that says where, when, and before whom it was sworn or affirmed. The jurat must include the date, location, and the name and capacity of the official.
• Commissioner for Oaths or Notary Public refers to the official who can take your oath or affirmation. You must sign the affidavit in front of an authorized official in the province.
• Attestation is the act of witnessing someone’s signature. Your affidavit is the witness’s attestation that the people named actually signed the bond.
• A seal is a stamp that shows authority. A notary may use a seal. A corporate surety may use a corporate seal on the bond. The witness may need to note that they saw the seal used.

FAQs

Do you need to be the witness to complete this form?

No. The person who signs this affidavit is the witness, not the principal or surety. If you are the principal or a surety, you do not complete or sign this affidavit. Your witness does.

Do you have to swear the affidavit in front of an official?

Yes. The witness must swear or affirm the affidavit before a Commissioner for Oaths or a Notary Public authorized in the province. The witness signs in front of that official. The official completes the jurat.

Do you attach the bond to the affidavit?

You should have the bond available when swearing. The affidavit must clearly identify the bond by date, names, and any file number. Some offices ask that you file the affidavit with the bond as one package. Keep a copy of both for your records.

Do you need two witnesses for the bond?

You usually need one witness for each signature on the bond. This affidavit is signed by a single witness who saw the execution. If more than one person signed the bond at different times, each signature needs a witness and an affidavit, unless one witness saw them all sign together.

Do you need original ink signatures?

Yes. The bond and the affidavit should have original, ink signatures. Courts often reject photocopies or scans for filing. Make your own copies for your file after signing.

Do you need ID when swearing?

Yes. The witness should bring government-issued photo ID. The official must confirm the witness’s identity before taking the oath or affirmation.

Do you need to re-swear if you make a correction?

Yes. Do not alter an affidavit after you swear it. If you find an error, prepare a new affidavit with the correct information. Swear or affirm the new version and file that one.

Do you need a new affidavit if the bond amount changes?

Yes. If the bond is amended, replaced, or increased, a new affidavit of execution is normally required for the updated bond. Each executed bond must have a matching affidavit that proves execution.

Checklist: Before, During, and After the Form 65S – Affidavit of Execution of Bond

Before signing

• Confirm who will be the deponent. Choose a witness who actually saw the bond being signed.
• Gather the signed bond, or arrange for the witness to attend the bond signing.
• Verify full legal names of the principal and any surety match the bond and other filings.
• Note the bond date, amount, and any file or court number.
• If a corporate surety signs, have the authorizing document for the signatory and any corporate seal ready.
• Book an appointment with a Commissioner for Oaths or a Notary Public in the province.
• Remind the witness to bring valid photo ID.
• Fill in known details on the affidavit, but do not sign yet.
• Check all addresses and occupations for accuracy if required on the form.
• Prepare payment for any filing fees if you plan to file right away.

During signing

• Confirm the witness personally observed the principal and any surety sign the bond.
• Ensure the names on the affidavit match the names on the bond exactly.
• Insert the correct location and date of swearing in the jurat.
• The witness signs the affidavit in ink in front of the official. Do not pre-sign.
• The official completes the jurat, signs, and adds any required seal or stamp.
• Initial any minor corrections near the change and in the margin. The official should initial as well.
• Keep the layout clean. Do not staple over the jurat or cover any text.
• If the bond was executed in counterparts, confirm who the witness saw sign and state that clearly.
• Check that every blank on the affidavit is filled or marked “N/A” as appropriate.
• Review legibility. Names, dates, and file numbers must be easy to read.

After signing

• Assemble the affidavit with the bond as required. Keep pages in the correct order.
• File the original documents with the correct registry in the province.
• If a fee applies, pay it and get a receipt.
• Ask for a stamped copy or filing confirmation for your records.
• Notify any parties who need proof of filing. Share copies as needed.
• Store the original or a certified copy safely. Keep it separate from your working file.
• Calendar any follow-up deadlines tied to the bond or related proceeding.
• If the registry issues a deficiency notice, fix the issue and re-file promptly.
• If the bond changes later, prepare and file a new affidavit of execution for the new bond.
• Retain the witness’s contact details in case the court has questions.

Common Mistakes to Avoid

• Using a witness who did not actually see the signing. Consequences: The court can reject the filing. You may need to re-execute the bond and re-swear the affidavit, causing delay.
• Wrong or incomplete jurat details. Consequences: Missing location, date, or official’s capacity makes the affidavit defective. You will have to re-swear and re-file.
• Names or capacities do not match the bond. Consequences: Even minor spelling or title differences can cause rejection. Don’t forget to mirror names and roles exactly as they appear on the bond.
• Altering the affidavit after swearing. Consequences: Post-swearing edits void the document. Prepare a new affidavit and swear again instead of crossing out or adding text.
• Filing a copy instead of an original. Consequences: Photocopies or scans are often not accepted. You risk refusal at the counter and miss time-sensitive deadlines.

What to Do After Filling Out the Form

1. File the affidavit with the bond at the appropriate registry in the province. Submit the original documents in person or by an accepted delivery method. Ask for confirmation of filing.
2. Track the file. Check for acceptance or any deficiency notice. If you receive a request to correct or clarify, act promptly. Prepare a fresh affidavit if needed. Do not try to fix errors on the sworn document.
3. Distribute copies to anyone who needs proof that the bond was properly executed. This could include co-signers or advisors. Keep a clean copy in your records.
4. If the court requires further affidavits, arrange them before the next deadline. For example, if an additional surety signs later, plan a new affidavit of execution for that signature.
5. If the bond amount must increase or decrease, obtain the revised bond. Then prepare and swear a new affidavit that refers to the revised bond. File the new set together.
6. If you spot a mistake after filing, prepare a corrected affidavit. Have the witness swear or affirm it. File the corrected version with a cover note that explains it replaces the earlier affidavit. Keep both versions in your internal records.
7. Keep your witness’s contact information. If the registry needs verification, a quick call can resolve issues without re-swearing.
8. Review your retention plan. Store the filed version and related proof of filing in a secure place. Keep digital copies for working use. Ensure versions are labeled with the date and file number to avoid confusion.
9. Plan for completion of any related steps tied to the bond. For example, once the court accepts the bond, continue with the next procedural filing in your matter. Use the court’s acceptance as your green light for subsequent steps.
10. If your timeline changes, update your calendar. Affidavits of execution are time-sensitive in practice. Filing soon after execution avoids questions about delays or sequencing.
11. Finally, close the loop with your internal checklist. Confirm you have: filed the original, received confirmation, notified stakeholders, and saved copies. This keeps your file audit-ready and avoids repeat work.