Testimonium Clause (Testator Unable to Understand English) (ON)

Summary

This clause is a testimonium clause intended for inclusion in a will where the testator is unable to understand English. This clause includes practical guidance and drafting notes. The testimonium clause and the attestation clause are part of every formally prepared will. The standard wording relating to witnesses who have signed in the presence of the testator and in the presence of each other relates to the legal requirement that the witnesses must, in fact, execute the will in the presence of the testator and in the presence of each other. Until the amendments brought about by Bill 145, any variation from this practice made the will invalid since it was not validly executed under the former version of s. 4 of the Succession Law Reform Act, R.S.O. 1990, c. S.26 (“SLRA”). On April 7, 2020, s. 4 of the SLRA was updated to allow wills and powers of attorney to be executed and witnessed remotely and in counterpart. Normally, a testator signs a will and two witnesses also sign that they ...