On this page
What the law allows
An ordinary Ontario will needs two witnesses who are present together when you sign, and who then sign in your presence. That rule is in section 4(2) of the Succession Law Reform Act (the SLRA), and we set out the full list of requirements in what makes a will valid in Ontario. Section 4(3) adds a second way to meet the “presence” part of that rule: the witnesses can be with you by audio-visual communication technology instead of in the same room.
The Act defines that technology in section 4(1) as any electronic method of communication that lets the participants see, hear and communicate with one another in real time. A live video call fits. A recorded video, a phone call or an exchange of emails does not, because nobody can see and hear everyone else as it happens.
Video witnessing is only allowed if three conditions are met:
- A licensee is one of the witnesses. At least one witness must be a licensee within the meaning of the Law Society Act at the time (section 4(3)(a)). That Act defines a licensee as a person licensed to practise law in Ontario as a barrister and solicitor, or a person licensed to provide legal services in Ontario. In plain terms: a lawyer or a paralegal licensed by the Law Society of Ontario.
- Everything happens at the same time. Your signature (or your acknowledgment of it) and the witnesses’ signatures must be contemporaneous (section 4(3)(b)). You cannot sign tonight and have the witnesses sign tomorrow.
- Any regulations are followed. Section 4(7) lets the Minister responsible for the Act set extra requirements by regulation, and section 4(3)(c) says those must be met too. Whoever runs the signing should check for any that apply on the day.
These provisions came in through Schedule 9 of the Accelerating Access to Justice Act, 2021. The amendment table printed under section 4 shows part of the change in force as of April 7, 2020, and the current wording of the video rules in force from May 20, 2021. Video witnessing works for wills and powers of attorney alike, which helps people who cannot easily get to an office.
How a video signing works, step by step
The law sets the conditions; the steps below are how a careful signing usually runs.
- The final draft is approved. Every change is made before signing day. Nothing should be edited or initialled by hand afterwards.
- Identical copies go out. Section 4(4) lets the signatures be made on complete, identical copies of the will, signed in counterpart, which together make up the will. You receive one full copy; the witnesses have another. Section 4(5) says copies still count as identical if they have only minor, non-substantive differences in format or layout, such as a different page break.
- Everyone joins one live call. You, both witnesses, and anyone else who needs to be there connect at once, with cameras on, so every participant can see and hear the others in real time.
- The lawyer confirms the basics. Who you are, and that the copy in front of you is the final version.
- You sign at the end of the will. On camera, or you tell the witnesses that a signature already on the page is yours (section 4(2)(b) allows either).
- The witnesses sign, during the same session. Each witness signs while you are still watching on the call. No particular attestation wording is legally required (section 4(6)), though a well-drafted will includes a clause describing a remote signing.
- The signed copies are gathered and kept together. Because the counterparts together constitute the will, the full set should be returned to the lawyer and stored as one.
- A witness swears an affidavit of execution. When the estate later applies to the court, Rule 74.04(1)(d) of the Rules of Civil Procedure asks for the original will with an affidavit of execution on Form 74D. It is easiest to have it sworn soon after the signing, while everyone remembers the call. That paperwork feeds into the application for a Certificate of Appointment of Estate Trustee after a death.
| Requirement | In the same room | By video | Where the rule is |
|---|---|---|---|
| Number of witnesses | Two or more, present at the same time | Two or more, present by live audio-visual link | SLRA s. 4(2), 4(3) |
| Who must be a witness | Any two suitable adults | At least one must be a Law Society licensee at the time | SLRA s. 4(3)(a) |
| Timing | You sign, then they sign, in each other’s presence | Your signature and theirs must be contemporaneous | SLRA s. 4(3)(b) |
| Paper | One original | One original, or complete identical copies signed in counterpart | SLRA s. 4(4), 4(5) |
| Attestation wording | Not legally required | Not legally required | SLRA s. 4(6) |
| Gift to a witness or a witness’s spouse | Void, unless an exception applies | Void, unless an exception applies | SLRA s. 12 |
Powers of attorney can be signed by video too
Most people sign their powers of attorney on the same day as their will, so the same question comes up. The Substitute Decisions Act, 1992 requires a continuing power of attorney for property to be signed in the presence of two witnesses, each of whom signs as a witness (section 10(1)). A power of attorney for personal care has the same rule (section 48(1)). Section 3.1 of that Act allows those witnessing requirements to be met by audio-visual communication technology on terms that mirror the will rules: at least one witness is a Law Society licensee, the signatures are made contemporaneously, and any prescribed requirements are met. Section 3.1(3) permits counterparts, and section 3.1(5) applies the same approach to revoking a power of attorney.
The rules about who cannot witness are stricter for powers of attorney than for wills. Section 10(2) bars the person you are naming (called your attorney under the Act) and that person’s spouse or partner, your own spouse or partner, your child or someone you treat as your child, a person whose property is under guardianship or who has a guardian of the person, and anyone under 18. Section 48(2) applies the same list to personal care documents. If a power of attorney does not follow those rules, it is not effective unless a court declares it effective (sections 10(4) and 48(4)).
The two documents do different jobs. If you are deciding what each should say, start with powers of attorney for property and for personal care compared. For the financial document in detail, read what a continuing power of attorney for property is.
| Point | Will (SLRA) | Power of attorney (SDA) |
|---|---|---|
| Witnesses required | Two (s. 4(2)) | Two (ss. 10(1), 48(1)) |
| Video allowed | Yes, with a licensee witness (s. 4(3)) | Yes, with a licensee witness (s. 3.1(2)) |
| Signing in counterpart | Allowed (s. 4(4)) | Allowed (s. 3.1(3)) |
| Who cannot witness | Anyone may, but a gift to a witness or their spouse is void (s. 12) | A named list of people is barred (s. 10(2), s. 48(2)) |
| If the formalities are missed | Court may validate after a death on or after January 1, 2022 (s. 21.1) | Not effective unless a court declares it effective (ss. 10(4), 48(4)) |
What changes the answer
No licensee on the call
Without a lawyer or licensed paralegal as one of the witnesses, section 4(3) is not available, and you are back to the in-person rule in section 4(2): two witnesses physically present at the same time. A will “witnessed” by two friends over a video call does not meet either test.
Signatures made at different times
Couriering a will around so each person can sign it on a different day is not a video signing under the Act, even if everyone was on a call at some point. Section 4(3)(b) requires the signatures to be contemporaneous.
A witness who is also a beneficiary
Video does not change section 12. If a witness or the witness’s spouse receives a gift under the will, that gift is void, although the will itself stands. Choose witnesses who receive nothing.
A handwritten will
A will written wholly in your own handwriting and signed by you needs no witnesses at all under section 6, so video witnessing is not needed. That route has traps of its own, covered in is a handwritten will valid in Ontario.
Electronic signatures and electronic wills
Video witnessing is not the same as an electronic will. Section 31(1) of the Electronic Commerce Act, 2000 says that Act does not apply to wills and codicils, or to powers of attorney for financial affairs or personal care. Section 21.1(2) of the SLRA, headed “No electronic wills“, ties the court’s power to validate documents to that section. So a typed name in a PDF or a click-to-sign tool cannot rely on that Act, and an Ontario will is still signed on paper.
Mistakes discovered after a death
If someone dies on or after January 1, 2022, and their will was not properly signed or witnessed, section 21.1 lets the Superior Court of Justice order that the document is valid if it sets out the person’s testamentary intentions. That is a court application with evidence, not a shortcut, and if the family disagrees about it, they will need separate advice. If no valid will is found, the estate passes under the rules explained in who inherits if you die without a will in Ontario.
You or a witness are outside Ontario
Sections 36 and 37 of the SLRA decide which place’s law governs a will by looking at where it was made, where you lived and where any land is. If anyone on the call will be outside the province, raise it before the signing is booked.
Example
For example, imagine Daniel, who lives in Sudbury and has a will and two powers of attorney drafted by a lawyer in the Greater Toronto Area. He cannot travel, so the signing is set up by video. The lawyer and a law clerk from the same office act as witnesses. Daniel receives a complete copy of each document by courier; the lawyer’s office keeps an identical set.
On the call, the lawyer confirms the copies match page for page. Daniel signs each document on camera while both witnesses watch. Then, without ending the call, the lawyer and the clerk each sign their set while Daniel watches. Daniel couriers his signed set back, and the clerk swears an affidavit of execution. The two sets together make up the will, and because one witness is a licensee and every signature was made in the same session, the signing meets section 4(3).
Now change one fact: Daniel’s daughter, who inherits half the estate, offers to be the second witness to save time. The will would still be valid, but her gift would be void under section 12(1), and under section 10(2) she could not witness the powers of attorney at all. Using the clerk avoided both problems.
Common mistakes with video signings
- Two friends on a call and no licensee. Section 4(3) requires at least one witness to be a lawyer or licensed paralegal.
- Recording a video instead of holding a live call. The technology must let everyone see, hear and communicate in real time.
- Spreading the signatures over several days. The signing and witnessing must be contemporaneous.
- Copies that do not match. Counterparts must be complete and identical apart from minor layout differences. A copy missing a page, or an older draft, is a real problem.
- Losing one of the signed copies. The counterparts together are the will, so the whole set needs to come back and be stored together.
- Signing a power of attorney with the wrong witness. A spouse, a child or the person being named cannot witness a power of attorney, on camera or in person.
What to do this week
- Decide whether you need a video signing at all, or whether an in-person signing is easier for you and your witnesses.
- Confirm that one witness will be a lawyer or paralegal licensed by the Law Society of Ontario.
- Check that neither witness, nor a witness’s spouse, receives anything under your will.
- For your powers of attorney, check the witnesses against the list in section 10(2) of the Substitute Decisions Act.
- Test your camera, microphone and connection, and plan to sign somewhere quiet with the whole page visible.
- Arrange how the signed copies will be returned and where the full set will be kept. Our notes on signing your will correctly cover storage too.
- If you want a lawyer to prepare and run the signing, a first consultation takes 30 minutes, by video or in person; you can book one here.
Frequently asked questions
Does the lawyer witness have to be my own lawyer?
No. Section 4(3)(a) only requires that at least one witness be a licensee within the meaning of the Law Society Act at the time. In practice, the lawyer who drafted the will often acts as that witness, because they also run the signing and keep the signed copies.
Do the witnesses have to be in the same place as each other?
No. Section 4 requires that everyone can see, hear and communicate in real time; it does not say where each person sits. The witnesses can be in different offices or different cities, as long as they are all on the same live call.
Does the video call have to be recorded?
The SLRA does not require a recording. What matters is that the signing met section 4(3) and that a witness can later swear an affidavit of execution.
Can I sign a codicil by video?
Yes. The SLRA’s definition of “will” includes a codicil, so the same execution rules apply, including video witnessing with a licensee. A new will is often cleaner than a codicil if the changes are significant.
Can I sign my will with an electronic signature if the witnesses are on video?
No. Video witnessing changes how the witnesses are present, not how the will is signed. The Electronic Commerce Act does not apply to wills, so you still sign paper with a pen.
Can I cancel a power of attorney by video?
Yes. Section 3.1(5) of the Substitute Decisions Act says the video rules apply, with necessary modifications, to revoking a power of attorney under that Act.
Is a video-signed will treated differently at probate?
The court still asks for the original will and an affidavit of execution on Form 74D under Rule 74.04. Where the will was signed in counterpart, the signed copies together are the will, so the estate trustee should have the complete set. For what probate involves, see our probate and estate administration page.
Sources
- Succession Law Reform Act, R.S.O. 1990, c. S.26, ss. 1(1), 4, 6, 12, 21.1, 36 and 37
- Substitute Decisions Act, 1992, S.O. 1992, c. 30, ss. 3.1, 10 and 48
- Law Society Act, R.S.O. 1990, c. L.8, s. 1(1) (definition of licensee)
- Electronic Commerce Act, 2000, S.O. 2000, c. 17, s. 31(1) (wills and powers of attorney excluded)
- Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 74.04(1)(d) (Form 74D affidavit of execution)
This page is general information about Ontario law, not legal advice for your situation. It reflects the law as of October 25, 2026.