Invoice 245: Modernizing Wills and Power of Attorney for the 21st Century – Household and Marriage

Canada:

Bill 245: Modernizing Wills and Power of Attorney Legislation for the 21st Century

July 22, 2021

Gardiner Roberts LLP

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Virtual signing

April 7, 2020

• The Government of Ontario adopts Ontario Regulation 129/20 under Subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act
• The regulation allows for the certification of wills made under the Succession Law Reform Act (“SLRA”) and powers exercised under the Substitute Decisions Act, 1992 (“SDA”) using “audio-video communications technology” and in counterparts

Virtual signing

April 19, 2021

• Bill 245 with royal approval ace
  • Annex 8 adds section 3.1 to the SDA
  • Appendix 9 amends Section 4 of the SLRA
  • Both changes authorize virtual signing under
• Ontario Regulation 129/20 permanent

Virtual signing

April 19, 2021

• Requirements for the signature with audiovisual communication technology:
  • At least one person who appears as a witness at this time is a licensee under the Law Society Act
  • The signatures and subscriptions required by the specific legislation are simultaneous (i.e. sharing the same document for witness signatures at different times is no longer allowed).
  • The prescribed requirements, if any according to the specific legal provisions, are met
• Documents can be filled in on the counterpart by signing complete and identical copies

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