Do witnesses to an Ontario will have to physically be in the same room as the testator when signing?
Ontario temporarily permitted remote will signing and witnessing via videoconference during a specific period related to the COVID-19 pandemic. The Succession Law Reform Act was later amended to permanently allow certain electronic wills and remote witnessing under prescribed conditions, making Ontario one of the first provinces to do so.
For a traditional paper will, witnesses must generally sign in the testator's presence — but "presence" for remote witnessing purposes can now include simultaneous videoconference attendance, provided all requirements under the amended legislation are met. The exact technical and procedural requirements for electronic or remotely witnessed wills are detailed, and strict compliance is essential.
An improperly witnessed will — whether because of physical absence, technical noncompliance, or any other deficiency — may be found invalid, leaving the estate intestate. Given the nuances, it is strongly recommended to work with a lawyer to ensure that whichever form of execution is used, all requirements are satisfied.
Key takeaways
- Ontario now allows remote witnessing by videoconference under prescribed conditions.
- Traditional in-person witnessing remains the most straightforward approach.
- Electronic wills are also permitted under specific legislative requirements.
- Any deficiency in execution can invalidate the will and result in intestacy.