Update on Virtual Witnessing of Wills and Powers of Attorney in Ontario Zaina Kottis July 19, 2021 Update on Virtual Witnessing of Wills and Powers of Attorney in Ontario Zaina Kottis July 19, 2021 Please note that the content below is only applicable in the province of [...]
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.
