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.


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