Remote Witnessing of Wills and Powers of Attorney - Updated May 14, 2021
In this blog post, we explain how remote witnessing of wills and powers of attorney works in Ontario, and how Notarize.ca can help you complete your will and powers of attorney quickly and easily.
In April 2020, the Ontario Government introduced emergency measures to allow the remote witnessing of wills and powers of attorney. This important measure ensured Ontarians could continue to complete their wills and powers of attorney completed during the pandemic.
On April 19, 2021, the Ontario Government changed the law to permanently allow the remote witnessing of wills and powers of attorney in counterpart.
Key terms
We use the following key terms in this blog post:
A will is a legal document that sets out a person’s wishes for the distribution of their property (also known as their “estate”) after their death.
A power of attorney is a legal document in which you give someone you trust (called your “attorney”) the right to make decisions for you if something happens and you are no longer able to look after matters on your own.
An affidavit of execution is a legal document signed by a witness to a will or power of attorney that confirms the will was properly signed.
What are the basic requirements for signing wills and powers of attorney?
In Ontario, a will must be signed by the testator (the person creating the will) in the presence of two witnesses. The witnesses must sign the will in the presence of the testator and each other.
Witnesses to wills cannot be:
a beneficiary
the spouse of a beneficiary, or
a person under 18.
One of the witnesses should complete an affidavit of execution. While a will is valid without an affidavit of execution, an affidavit of execution may be required if the will has to go through probate. Probate is the legal process that grants the legal authority for an executor to act.
In Ontario, a power of attorney must be signed by the person giving the power of attorney (also called the grantor) in the presence of two witnesses. The witnesses must sign the power of attorney in the presence of the grantor and each other.
Witnesses to powers of attorney cannot be:
the grantor’s spouse, partner or child; the attorney or the attorney’s spouse or partner;
anyone under the age of 18;
or anyone who has a Guardian of the Person appointed for them.
What does “remote witnessing of wills and powers of attorney in counterpart” mean?
“Remote witnessing” means that the signing of wills and powers of attorney can be done with audio-visual communication technology. For example, the testator can meet with the witnesses using Zoom, Webex, Whereby or any other video conferencing system.
“In counterpart” means the witnesses can sign separate but identical copies of the will or power of attorney. The signed copies of the will or power of attorney are considered a single document.
For wills and powers of attorney to be witnessed remotely and in counterpart, at least one of the witnesses must be licensed by the Law Society of Ontario.
How can Notarize.ca help with my will or power of attorney?
Notarize.ca is happy to offer online witnessing of wills and powers of attorney.
Our notaries are all licensed by the Law Society of Ontario. No witness? No problem! We provide the witness for you.
Remote witnessing of wills:
Create your secure Notarize.ca account and book your appointment
Join the notary and the witness by videoconference
You, the notary and the witness sign identical copies of your will - your will is now legally valid!
Send your copy of the will and power of attorney to our HQ - the notary will complete the affidavits of execution and send all of the completed documents back to you
We recommend completing the affidavits of execution as soon as possible after signing to prevent issues if your will needs to go through probate in the future.
Remote witnessing of powers of attorney:
Create your secure Notarize.ca account and book your appointment
Join the notary and the witness by videoconference
You, the notary and the witness sign identical copies of your power of attorney - your power of attorney is now legally valid!
Receive the signed copies of your power attorney by courier
For complete pricing information, visit our Wills and Powers of Attorney page.
Need a Will or Power of Attorney?
Notarize.ca is partnering with Willful to make it easy for you to create and sign your legal will and powers of attorney online from the comfort of home.
With Willful, you can create your last will and testament and power of attorney documents in 20 minutes or less, with plans starting at only $99.
Notarize.ca will then remotely witness your Willful documents quickly and easily.
Use the discount code NOTARIZE20 to save $20 any Willful plan.
Questions?
Have more questions about remote witnessing of wills and powers of attorney? We’re here to help. Contact us at hello@notarize.ca or call us at (888) 632-9971.
Ready to get started? Schedule your appointment today!
For more information:
Ministry of the Attorney General - Wills, Estates and Trusts
Ministry of the Attorney General - How Powers of Attorney Work
Substitute Decisions Act, 1992: The law that sets out the legal requirements for powers of attorney in Ontario
Succession Law Reform Act, RSO 1990: The law that sets out the legal requirements for wills and estates in Ontario
Bill 245, Accelerating Access to Justice Act, 2021: The bill that amended the Substitute Decisions Act, 1992 and the Succession Law Reform Act, RSO 1990, to permanently allow the remote witnessing of wills and powers of attorney
Willful.co: Create your last will and testament and power of attorney documents in 20 minutes or less. Use code NOTARIZE20 to save $20 on any plan.
Disclaimer:
This blog post is for information only. It is not, and is not intended to be, legal advice. It is not a substitute for speaking with a lawyer about your legal rights and obligations. If you have questions about wills or powers of attorney, we strongly recommend that you speak to a lawyer who specializes in wills and estates.