On April 23, 2020, the Ontario Government amended an order under s. 7.0.2(4), of the Emergency Management and Civil Protection Act allowing wills and powers of attorney to be witnessed and signed virtually.
First revision is that for both wills and powers of attorney, at least one witness must be a licensee within the meaning of the Law Society Act. The Law Society understands that the Ontario government means this to be an Ontario-licensed lawyer or paralegal at the time of signing.
Second, for wills executed and witnessed virtually, the testator may sign and witnesses may subscribe on separate copies of the will, in counterpart. Likewise, donors and witnesses to powers of attorney for property or personal care that are executed and witnessed virtually may sign on separate copies of the power of attorney, in counterpart.
For any questions or concerns, please contact our offices