Ontario law allows a will to be witnessed remotely using audio-visual technology, making estate planning more accessible when meeting in person is difficult.
However, virtual witnessing does not remove the formal requirements that make a will legally valid.
It is also important to distinguish between a virtually witnessed will and a purely electronic will, as they are not the same thing under Ontario law.
Understanding that difference can help prevent an apparently convenient estate planning decision from creating uncertainty later.
Are Online Wills Legally Binding in Ontario?
An online service can help draft a will, but completing a template online does not, by itself, make the resulting document legally valid.
Under Ontario’s Succession Law Reform Act (SLRA), a formally executed will generally needs to be in writing, signed by the person making the will, known as the testator, and witnessed by two people who are present at the same time.
Ontario has expanded the meaning of ‘presence’ to allow qualifying witnesses to participate using audio-visual communication technology.
The legislation also permits the participants to sign complete, identical copies in counterpart, which together constitute the will. This is different from simply applying electronic signatures to a digital file.
What Is the Difference Between a Virtually Witnessed Will and a Purely Electronic Will?
The terms can sound similar, but they refer to two very different concepts in Ontario.
A virtually witnessed will still follows Ontario’s traditional signing rules, but the testator and witnesses may be in different locations and connect through real-time audio-visual technology.
At least one witness must be a lawyer or paralegal licensed by the Law Society of Ontario, and all other requirements under the Succession Law Reform Act still apply.
A purely electronic will is a will created and signed entirely in digital form without following the formal execution requirements for wills.
In Ontario, the Electronic Commerce Act, 2000 excludes wills and codicils from its general rules allowing electronic signatures.
Virtual Witnessing Does Not Mean Electronic Signing
Ontario made virtual witnessing of wills permanent after temporary measures were introduced during the COVID-19 pandemic.
The important change was where the witnesses can be located, not the elimination of execution safeguards.
As a result, someone should not assume that clicking an e-signature box, typing a name into a document, or saving a completed online will automatically creates a formally valid Ontario will.
In fact, the law surrounding purely electronic testamentary documents remains unsettled.
In Gebremariam v. Menghesha, a 2026 Ontario Superior Court decision, the Court held that it could potentially validate an electronic document under the SLRA’s curative provision if the necessary requirements were proven.
Only a few months later, however, the Court reached the opposite conclusion in Samide v. Taylor, finding that a testamentary document existing only electronically could not be validated under section 21.1.
Until there is clearer guidance or legislative change, relying on a purely digital will can create significant uncertainty.
What Happens If the Video Connection Drops?
Ontario defines qualifying audio-visual technology as an electronic method that allows participants to see, hear, and communicate with each other in real time.
That makes the quality and timing of the connection more than a matter of convenience.
A brief frozen screen does not automatically mean that a will is invalid. However, if a connection fails while a signature is being made or acknowledged, or while another required part of the execution is taking place, questions may arise about whether the participants were legally present for that step.
The Law Society of Ontario advises lawyers conducting virtual meetings to make sure that audio and video feeds are stable and that all parties can see and hear one another.
It also recommends detailed records of the date, timing, communication method, participants and matters discussed.
If a connection becomes unreliable during a will signing, continuing as though nothing happened can create an unnecessary risk.
The Probate Problem a DIY Will May Leave Behind
Execution is only one part of the picture. When an estate trustee later applies for probate in Ontario, the court generally requires evidence supporting the execution of the will.
For wills executed on or after January 1, 2022, this commonly includes Form 74D, Affidavit of Execution of Will or Codicil.
The affidavit records important details about the execution, including whether the witness was present in person or by video conference.
A missing affidavit does not automatically invalidate an otherwise valid will.
The problem is practical: if it was not completed when the will was signed, the estate may need to locate a witness years later and obtain the necessary evidence after the testator has died.
With a DIY process, additional questions can also arise:
- Were the correct witnessing rules followed?
- Was one virtual witness an Ontario lawyer or paralegal?
- Were counterpart copies complete and identical?
- Did everyone participate at the required time?
- Is there reliable evidence showing exactly how execution occurred?
A document that looked inexpensive and convenient when it was created may become considerably more complicated when the estate needs to rely on it.
Correcting a Defective Will After Death Can Be Costly
Ontario courts have some ability under section 21.1 of the SLRA to validate documents that were not properly executed if the necessary legal test is satisfied.
That provision, however, should not be treated as a backup estate planning strategy.
A court application can require evidence about authenticity, the deceased’s final intentions, and the circumstances surrounding the document.
The more a document departs from Ontario’s formal requirements, the more difficult those issues may become.
Most importantly, once the testator has died, the easiest person to clarify what happened and what was intended is no longer available.
Convenience Should Not Create Uncertainty
If you are preparing a will, updating an existing estate plan or concerned about how a will was executed, Howard Nightingale Professional Corporation can help you understand the requirements that apply to your circumstances.
Professional guidance before signing can help ensure that convenience today does not become a costly question for your family later.
Contact us today to discuss your will and estate planning needs in Ontario.
Your information will always remain private and confidential.