In order for a will to be valid, it must be:

• in writing,

• signed by the testator (the person making the will) or by someone else in their presence and at their direction, and

• must be witnessed by at least two people who are present when the testator makes or acknowledges their signature and who also sign the will in the presence of the testator.

  • the requirement for witnesses to be present may be satisfied through the use of audio-visual communication technology, as long as certain conditions are met, including:

    • that at least one of the witnesses is a licensed lawyer,

    • that the making or acknowledgment of the signature and subscribing of the will are done simultaneously, and

    • that any additional requirements specified by regulations are met.

• no specific form of attestation by the witnesses is necessary, as long as the requirements for witnessing the signing of the will are met.

Power of Appointment

In order for a power of appointment to be validly exercised through a will, the will must follow the requirements of the law. If the requirements are met, the use of the will to exercise the power of appointment will be considered valid, even if additional formalities were required but not followed.

Ont. SLRA s.4, 9