Recently, we have seen several significant changes to estates law in Ontario. Of particular note, without providing an exhaustive list of the changes, the Succession Law Reform Act (the “SLRA”) was amended to allow for remote execution of wills via audio-visual communication technology. For those interested, some of the other changes are discussed in more depth by our colleagues here and here.

The recent changes are applicable to many wills that are drafted and executed in Ontario, but care is warranted, as it is not a hard and fast rule for any and all situations, especially when it comes to remote execution. An example is international wills.

International wills may be used by individuals who have assets outside of Canada and want to govern their distribution under a single will, as opposed to preparing a will for each jurisdiction in which they own property.

Unlike section 4 of the SLRA, which permits the execution of wills remotely by means of audio-visual technology and establishes the formal requirements for a valid Ontario Will, international wills have their own unique set of rules under section 42 of the SLRA.

Section 42 enables a will that meets the conditions set out therein to be recognized in Canada and other nations that are a signatory to the Convention Providing a Uniform Law on the Form of an International Will. Articles 2 to 5 of the Annex to section 42 provide that the will must be signed and witnessed in person. Unlike section 4, there is no explicit language permitting for remote execution.

This distinction may seem minor, but the consequences could be severe, as an international will executed remotely may be found to be invalid, resulting in an intestacy where the error is not corrected prior to death.

In preparing a will, one must always be alive to these types of exceptions. Even in Ontario, as in the case of an international will, the legal requirements can and do vary based on the context.

Thank you for reading and have a great day!

Suzana Popivic-Montag and Raphael Leitz