ESTATE PLANNING AND COVID-19

During this unprecedented time, we would like you to know that Taylor Estates Law is continuing to service new and existing clients.

Many people concerned about COVID-19 are eager to write or change their wills but are wondering how this will be possible given the requirements of social distancing. Our response is that we have solutions to prepare and execute these important documents while respecting the COVID-19 guidelines.

Every year, thousands of Canadians die without wills, or with out-of-date wills, and this can have tragic consequences.

We are available for consultations via phone or video-conference (Skype, Google Hangouts, Facetime, etc.), and we are using new technologies which allow us to gather information from clients without the need for a face-to-face meeting.

We are getting questions about the “virtual” signing of documents via video conferencing. We are able to execute some documents, such as affidavits and sworn declarations, using “virtual” commissioning; however, the legislative requirements in Ontario for the signing of wills are more strict; i.e.: - the will-maker must sign in the presence of two witness; and - both witnesses must sign in the presence of the will-maker and each other.

The “presence of” requirement has traditionally been interpreted to mean in the same physical location and able to physically see the signing of the will. However, in the current circumstances we believe that this requirement should be relaxed as there will undoubtedly be instances where a physical witnessing is not feasible. We know of at least one case where the court is being asked to give an opinion in regards to the virtual witnessing of a will in circumstances where the will-maker is considered to be at risk for COVID-19.

Hopefully the courts will be able to clarify this issue before long, but in the meantime we have various other options to offer our clients for the signing of their wills.

For more information, please contact me.

Paul Taylor - Taylor Estates Law 150 King Street West, Suite 200, Toronto, Ontario Canada M5H 1J9 T.416.995.4024

paul@taylorestateslaw.com

www.taylorestateslaw.com