Modified Circulation Method Still Possible?

As I noted in my earlier blog, the old "Circulation" Method where the testator signed on video and the witnesses signed at a different time will no longer be available.

If you still like using the Circulation Method to avoid having to use multiple copies of the Will, another option may still be available. as first noted by Krystyne Rusek in her LinkedIn Post, the legislation requires that the signing or acknowledgment of signature has to be contemporaneous with the witnessing. If a testator signs a Will outside the presence of the witnesses, that will may still be valid if the testator acknowledges his or her signature in the presence of the witnesses.

One potential question is whether a testator can acknowledge a signature when the document containing that wet signature is no longer in the testator's possession. I am not sure that is 100% covered by the legislation.

If so, maybe the Circulation Method, albeit modified slightly, is still alive and well!

Note that the Substitute Decisions Act, does not have a provision for "acknowledgment" of signatures by the grantor so this might not work for PoAs.

Stay tuned as we figure our way through this,



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