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.

Join the future of will planning
Let us help you provide industry-leading estate planning services for your clients.
30-day free trial