Virtual Witnessing of Wills and Powers of Attorney in Ontario

In Ontario, the rules relating to the execution of Wills are set out in the Succession Law Reform Act (“SLRA”) , which states that, subject to limited exceptions (such as holograph Wills, which are Wills made entirely in the testator’s handwriting, or Wills made by certain members of the Canadian Forces, naval, land or air force or sailors while on active duty), in order for Wills to be valid, they must be signed by the testator (or on their behalf) in the presence of two independent adult witnesses. The rules relating to the execution of Powers of Attorney in Ontario, as set out in the Substitute Decisions Act (“SDA”), also require that Powers of Attorney be signed by the grantor in the presence of two witnesses.

Globe & Mail – If your child lives in the U.S., it may be time to revise your will

David Altro, Matt Altro, and Zaina Kottis were asked to prepare a special for The Globe and Mail, which was published on June 17, 2019. Their article titled “If your child lives in the U.S., it may be time to revise your will” examines six essential hurdles that Canadian citizens will have to overcome when appointing American resident children as executor of their will.