Affidavits of Execution for Video Witnesses
As of April 7, Wills can be witnessed by video conference.
This will likely require a different affidavit of execution. The typical affidavit of execution is a Court Form - Form 74.8. In our view, the current Court Form will not be sufficient if the Will is witnessed by video conference for a couple of reasons:
1. The execution of the Will by the testator and the subscribing of the witnesses will occur at different times or dates; and
2. There will have to be evidence that one of the witnesses was a licensee of the Law Society of Ontario.
If the two witnesses are in separate locations, the Court will likely require two separate affidavits of execution, one from each witness.
For e-State Planner users the new affidavits of execution are now available as a template in your e-State portal. For anyone who is not yet an e-State Planner user, you can download it separately (click here to download).
As always, we welcome your comments and suggestions.