“Can I Make My Will on Video?” The Reality of Video Wills in Ontario

“Can I Make My Will on Video?” The Reality of Video Wills in Ontario

In our digital age, it seems like everything can be done electronically – from banking to shopping to signing contracts. So it’s natural that people wonder: “Can I just record my will on video instead of dealing with all that paperwork?”

It’s a great question, especially given how much our world has moved online since 2020. But when it comes to wills in Ontario, the answer might surprise you.
 

The Short Answer: Video Wills Aren’t Valid

Despite all our technological advances, Ontario law still requires wills to be created the old-fashioned way: in writing, on paper, with actual signatures in ink. A video recording of you stating your wishes – no matter how clear, detailed, or heartfelt – won’t be recognized as a valid will by Ontario courts.

This doesn’t mean technology has no place in will-making, but it does mean we can’t abandon the written document entirely.

Why Ontario Sticks with Written Wills

You might wonder why the law hasn’t caught up with technology. The truth is, these requirements exist for good reasons that remain relevant today:

Preventing Fraud and Coercion

Written documents with proper witnessing make it much harder for someone to forge or manipulate a will. Video wills can be edited, voices can be mimicked, and it’s difficult to verify when and where a recording was made.

Ensuring Deliberation

The process of writing out or typing your wishes, then signing with witnesses present, creates natural opportunities for reflection and ensures you’re making thoughtful decisions.

Creating Legal Certainty

Courts need clear, unambiguous documents they can interpret and enforce. Unlike video wills, written wills provide the precision and permanence that legal proceedings require.
 

What About Virtual Witnessing?

Here’s where technology does play a role in modern will-making. While the pandemic changed many things about how we interact, Ontario adapted its will requirements thoughtfully:

You Can Have Virtual Witnesses

Your witnesses don’t have to be physically in the same room as you. They can watch you sign your written will via video conference, as long as everyone can see the signing process clearly in real-time.

But There Are Rules

If you’re using virtual witnessing, at least one witness must be a lawyer or paralegal licensed in Ontario. Everyone still needs to sign identical paper copies of the will – digital signatures won’t cut it.

The Will Must Still Be Written

Even with virtual witnessing, you’re still signing a physical, written document. The technology helps with the witnessing process, but doesn’t replace the need for a paper will.
 

When Video Can Be Helpful

While video wills can’t replace a written will, they can still play a supporting role:

Recording the Signing Process

A video of you signing your will can serve as powerful evidence of your mental capacity and intentions if the will is ever challenged in court.

Explaining Your Decisions

You might record a separate video explaining your reasoning for certain bequests or decisions. While this wouldn’t be part of the legal will itself, it could help your family understand your choices.

Preserving Your Voice

Many families find comfort in video messages from their loved ones, even though these aren’t legally binding documents.

The Handwritten Exception

Ontario does recognize one alternative to the standard witnessed will: the holographic will. This is a will written entirely in your own handwriting and signed by you – no witnesses required. While this might seem simpler, it comes with its own risks and limitations that are worth discussing with a legal professional.
 

Looking to the Future

Some jurisdictions are beginning to experiment with electronic wills and digital signatures, but Ontario hasn’t moved in this direction yet. The law evolves slowly and deliberately when it comes to such fundamental documents.

For now, if you want to ensure your wishes are legally binding in Ontario, you need that written document with proper signatures and witnessing.

The good news is that creating a valid will doesn’t have to be complicated, even with these requirements. Modern will-making services can guide you through the process efficiently while ensuring you meet all legal requirements.

Whether you choose virtual witnessing for convenience or stick with traditional in-person signing, the key is making sure your written will properly reflects your wishes and meets Ontario’s legal standards.

At Smartwills, we help you navigate Ontario’s will requirements with confidence, combining legal precision with modern convenience to protect what matters most to you.

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