Witnessing Will and Testament remotely

Note: We do not draft or customize a Wills or Powers of Attorney. If you are in need of drafting a Will and Power of Attorney (POA), please contact Lawyer or using template at Willful

In response to the COVID pandemic, on July 15, 2020, the Ontario Government implemented O.Reg 129/20 allows legal professionals (such as notary publics) to virtually witness the signing of Last Will and Testaments and Powers of Attorney through online video platforms.

How do I witness your Will virtually?

At Giang Le Notary, I use video conferencing platforms such as WebEx, Zoom or Google Meets to meet the client. You don’t need to install any mobile apps, we will send you a link to join the video conference via your internet browse.

Step 1: Through the video call, I will virtually witness you physically sign and initial your name on each page of a paper copy of your Will or Power of Attorney. Then you will send all that documents to me (I can take care of UPS shipping process if you don’t want to go to the post-office).

Step 2: In normal circumstances, two witnesses are required to be physically present when you are signing (executing) your Power of Attorney or Last Will and Testament. Under the Succession Law Reform Act (for the Will) and under the Substitute Decisions Act, 1992 (for Power of Attorney), at least one person who is providing services as a witness is a licensee within the meaning of the Law Society Act at the time of the making, acknowledgment or subscribing.

Now via online video call, witnesses can join the same online conference call from their premise to witness your signing process virtually and in counterpart. (“In counterpart” means the witnesses can sign separate copies of the will or power of attorney.)

• For a Will, the second witness puts his/her initial on each page and signs the last page of the Will, and signs the Affidavit of Execution of Will or Codicil. I will do a commissioning part of that Affidavits of Execution.
• For Powers of Attorney, the second witness and I put initial on each page and sign the last page of the POA.

Step 3: After your Will or Power of Attorney are signed completely, I will mail your documents to you and send you an invoice. You can securely make a payment with credit card or e-transfer to info@eznotary.ca