The Ontario Government has now brought in an emergency order which allows for the virtual witnessing of wills and powers of attorney during the duration of the current COVID-19 crisis.
There are two new requirements that must be adhered to for the documents to be valid:
- All parties must be using the technology at the same time and they must be able to see, hear and speak with each other; and
- At least one of the witnesses must be a lawyer or paralegal.
The lawyer preparing and witnessing the documents must continue to be satisfied with the identification and mental capacity of the signing party and that the signing party is not executing the documents as the result of any undue influence or duress.