Virtual Will and Power of Attorney Witnessing During Covid-19

 In Wills and Estates Law

As noted in this previous blog about estate planning during the pandemic, ensuring the proper execution of wills and powers of attorney during the pandemic posed a challenge given the requirements under the Succession Law Reform Act.

In response to this, an emergency Order In Council has been made under the Emergency Management and Civil Protection Act, which permits the virtual witnessing for wills and powers of attorney.  The Order requires that at least one witness is a licensee under the Law Society Act.  Please ensure you obtain legal advice to ensure you are complying with the requirements of the Order.

If you are in the middle of estate planning, or considering preparing a will and powers of attorney, this Order provides reassurance that you will be able to properly execute your documents, while remaining safe at home.

A copy of the Order is here.  The Order will be posted here and here.

This blog post was written by Kate Wright, a member of the Family Law, Wills and Estates and Litigation teams.  She can be reached at 613-369-0383 or at kate.wright@mannlawyers.com.

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