Wills and POA Virtual 'Live' Signing 

What is virtual signing? 

 

Virtual signing is the process of physically signing your document while on a video call with your notary. It requires that all signing parties print a copy of the document, then physically sign it, with a pen, in separate counterparts. The notary will then mail their signed copy back to you. Once you have all copies together, that constitutes a binding document. You cannot make any changes or add any markings to either copies after notarization as that will invalidate the document. 

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Is it legal?

 

Yes. virtual witnessing documents via video conference became legal on April 07, 2020, pursuant to the May 2021 amendments to the Ontario Succession Law Reform Act and Substitute Decisions Act (formerly O. Reg. 129/20). 

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Will my document be binding? 

 

Yes, to speed up the signing process, documents may be signed 'in separate counterpart'. This means that a copy of the document is produced for each party to sign. The parties then each sign their own set of the exact same document, after which, the separately signed copies are brought together to form a complete executed document.

 

The document does not need to include a counterpart clause however, it is best practise to include one. The inclusion of a counterpart clause reduces the risk of someone contesting the legality and enforcement of the document. 

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Can the Will & POA be electronically signed?

 

No, your Will and/ or Power of Attorney cannot be e-signed, the physical documents must be signed with a pen and this can be witnessed remotely. We phrase this process as "virtual signing". 

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Are there any rules for signing a Will & Power of Attorney virtually?

 

Yes, you are required to have two witnesses to the signing of your Will & Power of Attorney. However, pursuant to the Substitute Decisions Act, s. 10(1), there are restrictions regarding who is able to act as a witness. 

 

10 (1) A continuing power of attorney shall be executed in the presence of two witnesses, each of whom shall sign the power of attorney as witness.  1996, c. 2, s. 6 (1).

 

Persons who shall not be witnesses.

 

(2) The following persons shall not be witnesses:

 

1.  The attorney or the attorney’s spouse or partner.

2.  The grantor’s spouse or partner.

3.  A child of the grantor or a person whom the grantor has demonstrated a settled intention to treat as his or her child.

4.  A person whose property is under guardianship or who has a guardian of the person.

5.  A person who is less than eighteen years old.  1992, c. 30, s. 10 (2)

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What do I do with the Will  or Power of Attorney after it's been witnessed and signed?

 

After your Will & POA have been signed you must store them in a safe and secure location and inform your executor of it's it. 

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