Testimonium Clause (Virtually Signed Will) (ON)

Summary

This clause is a testimonium clause to be included at the end of a will that is to be signed virtually. This clause includes practical guidance and drafting notes. The clause is used in order to have a validly signed will using video conferencing platforms, as long as the testator and witnesses are all able to see one another. The virtual execution of wills was permitted throughout 2020 and into 2021 due to COVID-19. As a result of Bill 245, the Accelerating Access to Justice Act, 2021,S.O. 2021, c. 4, which received Royal Assent on April 19, 2021, virtual signing of wills became permanent on proclamation on January 1, 2022, provided that one of the witnesses is a lawyer or paralegal. For more information on virtual signing practices, see the practice note: Will Drafting Considerations (ON) . For more information on Bill 245, see the practice notes: Major Legislative Changes (January 1,2022) (ON) and Bill 245 Significant Changes Coming to Ontario's Succession Law Reform Act (ON).