Signing a Testator’s Will for them – Using an Amanuensis

April 13, 2020 Ian Hull Estate Planning Tags: , , , , , , , , 0 Comments

Does a testator have to sign his or her own Will to be valid?  A little used provision of the Succession Law Reform Act permits a Will to be signed by some other person (an “amanuensis”) in testator’s presence and by the testator’s direction.

Our managing partner, Suzana Popovic-Montag, wrote several on this very topic.

With the logistical issues associated with execution of wills by video-conference, it may be that this manner of execution may become more widely used.

If this is to be done using presence by video conference, we have come up with some suggestions in our Hull e-State Planner Blog. (click here)

Note that the Substitute Decisions Act, 1992 does not specifically permit execution by an amanuensis for Powers of Attorney.

We continue in unchartered waters and we welcome any suggestions or comments.

Ian Hull

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