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Several Provinces Approve Virtual Witnessing During COVID-19

Willful

3 minute read

In this article:

Updated July 2024:

While the pandemic continued and lockdowns varied, some provinces instituted measures to allow for virtual witnessing of documents.

These provinces, such as Alberta, British Columbia, Ontario, Saskatchewan, New Brunswick and Quebec (notarial wills only) allowed for virtual witnessing. Each province had set out their own laws surrounding requirements of virtual witnessing listed below.

Overall, the process for virtual witnessing your estate documents are similar:

Only the witnessing happens virtually - you can get on a Zoom call and be in each other's virtual presence, but you still need to have wet signatures on paper documents (exception: signatures can be electronic on notarial wills in Quebec)
You can either mail around the original copy of your will, or your witnesses can print out their own copies and you would each sign them in counterpart (aka 3 separate copies of the will, and stored together they comprise the legal will)

Specific requirements by province

Alberta: virtual witnessing is only allowed "if a lawyer who is an active member as defined in the Legal Profession Act is providing the testator with legal advice and services respecting the making, signing and witnessing of the will".

British Columbia: Witnesses must be over the age of majority, mentally competent, and cannot be beneficiaries of the will.

Ontario, Saskatchewan, New Brunswick: one of the witnesses must be a lawyer licensed by the provincial law society - this is ONLY a requirement for virtual witnessing, and they do NOT have to be an estate lawyer; just any lawyer.

As of April 2021, Ontario has made virtual witnessing permanent with Bill 245. Learn more here.

I live in a different province - can I get my will virtually witnessed?

Ontario, BC, Alberta, Saskatchewan, and Quebec were the only provinces to allow virtual witnessing during the pandemic. Until then, it is important to follow the witnessing and signing requirements in your province.

Whether you’re in Ontario, British Columbia or another province, watch your email inbox for more details as we have them, and in the meantime, you can follow the rest of these tips to get your will finalized.