By: Wills and Estates Group

On April 8, 2020, the Lieutenant Governor in Council issued an emergency Order which permit wills and powers of attorney to be witnessed virtually, using audio-visual technology.

The government has now gone one step further. With the amended Regulation dated April 22, 2020, wills and powers of attorney can now be witnessed virtually on separate documents in counterpart, doing away with the need for three separate signing ceremonies involving the testator and each of his or her two witnesses.

This is a welcome amendment, which will facilitate the process of executing wills and powers of attorney during this state of emergency.

If you wish to make or update your estate planning or powers of attorney, you may be interested in Matthew Getzler’s article, “The Importance of a Will,” or Sheila Morris’ article, “Substitute Decision-Making During Covid-19: why you need (or may need to update) your Power of Attorney.”

Minden Gross LLP can assist and advise you on creating or updating your estate planning documents during these challenging times. If you would like more information or further guidance on the recent legislative amendments, please contact your lawyer at Minden Gross LLP, or any member of our wills and estates team.