Can a Will be Executed Remotely in Ontario?

The short answer is yes, however there is a series of requirements that must be met to formally execute ones’ will. This is to balance convenience with the need to prevent fraud and undue influence.

The Law:

In April 2021, the Ontario government passed Bill 245, the Accelerating Access to Justice Act, which permanently amended the Succession Law Reform Act (SLRA). This made the temporary COVID-19 measures permanent, meaning you can legally use audio-visual communication technology (like Zoom or FaceTime) to have your will witnessed.

Three Key Requirements for a Valid Remote Will:

To execute a will remotely, you must meet these strict conditions:

1. The "Licensee" Witness Rule

This is the most critical rule. While you still need two witnesses, at least one witness must be a licensed lawyer or paralegal in good standing with the Law Society of Ontario. It is not a requirement that the second witness be a licensee under the Law Society Act, however the second witness cannot be a beneficiary under the will.

2. Contemporaneous Signing (in Counterpart)

The execution must happen in real-time. You and the witnesses must be connected via video at the same time. As you are remote, you will likely sign using the "counterpart" method. This means: you will sign using wet ink your physical copy of the will, then each witness signs their own physical copy. When combined, these three (or two if both witnesses are together in the same room) signed copies form one legally valid will.

3. Present via Audio-visual Communication Technology

The law requires that you and the witnesses are in "each other’s presence" virtually. This means the video feed must be clear and functional.

If you would like to discuss remote execution of your will or any other estate planning matter in Ontario, please reach out to us at McDonald, Simon, Stewart & Reidy LLP. Our team is here to provide expert legal guidance and help you understand your rights and obligations. Don’t hesitate to contact us for a consultation - we’re ready to assist you!

Please reach out to us at info@mcdonaldsimon.com or call us at 519-273-2734.

Disclaimer: This blog should not be construed as legal advice. Each individual circumstance has nuances that need to be considered by a licensed legal professional and there is no one-size-fits- all answer in the law. If you require legal advice, please contact someone who is licensed with the Law Society of Ontario and is properly insured to provide legal services or practice law.