Mood of the moment: modernizing estates law

On February 16 2021, Attorney General Doug Downey introduced legislation that would transform the way Ontarians access justice in the courtroom and beyond.

Of particular interest to estate lawyers around the province, if passed, this legislation would (amongst other things) allow virtual witnessing of Wills and Powers of Attorney beyond COVID-19.

Yesterday, the government posted the following on their website regarding the modernization advancement of Will witnessing:

Allowing Virtual Witnessing of Wills and Powers of Attorney

In response to the COVID-19, Ontario made changes to temporarily allow virtual witnessing of wills and powers of attorney so people could address their legal needs quickly and safely.

Proposed amendments would make virtual witnessing of wills and powers of attorney a permanent option for Ontarians, provided at least one witness is a licensed paralegal or lawyer in Ontario.

These changes would address the limitations posed by travelling to access these services in-person, through COVID-19 and beyond.

Today, Jordan Atin (Certified Specialist in Estates Law at Hull & Hull LLP), and Co-Founder & CEO of e-State Planner posted the following on the eStatePlanner BLOG:

Ontario has introduced future sweeping changes to estates law in the Accelerating Access to Justice Act, currently in First Reading. While not yet passed, it changes many significant areas.

-- Virtual signing would be made a permanent option for Wills and Powers of Attorney. Lawyers would still have to be one of the witnesses.

-- Marriage would no longer revoke a Will.

-- The $10,000 limit for amounts paid to a child's parent without the necessity of a court guardianship, would be fixed by regulation would likely increase.

-- Substantial Compliance would be available if a Court found that a document set out a testamentary intention, though it was not properly executed.

-- Separation, not merely divorce, would revoke a bequest to a former spouse.

Stay tuned!

Oh, I will absolutely “stay tuned”! It’s definitely an exciting time to be an estate lawyer.

It’s impossible to discuss these changes without acknowledging the impact that COVID-19 is having on all our lives, our communities, our systems, on some level. It is an anxious time for everyone. But it is also uplifting to see how everyone can come together brilliantly in a crisis to help and support each other, support our communities and our systems.

I personally find comfort in knowing that major changes to Ontario estates law are coming. These changes, unfortunately initiated by COVID-19, were (in my opinion) well overdue and I am happy to witness COVID-19 “temporary measures” slowly turning into permanent law. I guess what they say is true… bad things happen, but often they lead to good things!

Keep believing good things are coming.

Wishing you the best,

JH