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ARTICLE · 24 APRIL 2020

Virtual Execution Of Estate Planning Documents During Covid-19: Update

In my blog distributed to you on April 7, 2020, I told readers to stay tuned as hundreds of years of strict formalities might soon change due to Covid-19.

CanadaFamily and Matrimonial

In my blog distributed to you on April 7, 2020, I told readers to stay tuned as hundreds of years of strict formalities might soon change due to Covid-19. But little did I know that these changes would come later that very day in two jurisdictions: my home province of Ontario and our neighbour, New York State.

On April 7, 2020, the Ontario Government released an emergency Order which temporarily allows for the virtual execution of wills and powers of attorney by means of "audio-visual communication technology".

The Order requires that one of the two witnesses must be an Ontario licensed lawyer or licensee. The profession is now grappling with the logistics of executing wills and powers of attorney using services such as Zoom, Go to Meeting and Webex, and how to use a video conference while still following the witness requirements under Ontario legislation. It seems that to do so, there must be at least two video conferences, so that the witnesses can also sign the

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