Why you need a Will | Updates in light of Covid-19

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In Canada, Covid-19 has thrown the legal system for a loop, as the majority of lawyers are working from home in self-isolation and courts are virtually closed ( with the exception of judges hearing extreme emergencies). This hasn’t been something I have experienced throughout my career and clearly, this is an unprecedented time for most lawyers and their clients.

As a lawyer myself, I have unfettered access to the Law Society’s updates on how the law is changing and adjusting to new norms in light of Covid. Recently, I received notice from them that there are two changes to the requirements for wills and powers of attorney for the duration of the COVID-19 emergency. These changes are a direct result of Orders in Council enacted by the province.

The first change

First, for both wills and powers of attorney, at least one witness must be a licensee under the Law Society Act. What does this mean? The Ontario government is requiring an Ontario-licensed lawyer or paralegal to witness your will and power of attorney at the time of signing. This means that you now require a lawyer to enact your will, which is highly recommended anyways in order to ensure its enforceable.

The second change

Since people are no longer attending their lawyer‘s offices to sign their wills, the law society has been allowing lawyers to sign these wills with their clients “virtually”.

The Law Society has now confirmed a second change: for any wills executed & witnessed virtually, the lawyers, witnesses and person signing the will can sign on separate copies of the will, in counterpart. This means that your lawyer can sign your will at home, while you sign at home, and your witness signs at their separate residence. Likewise, donors, lawyers and witnesses to powers of attorney (for property or personal care) that are executed and witnessed virtually may also sign on separate copies of the power of attorney, in counterpart.

Don’t have a will?

Especially in light of the current times, it is important to protect yourself and your assets. The second I started my first job and was being paid a pay cheque, I had a will made for me. You should think of obtaining a will as one of the qualifying steps of adulting. Although it is morbid to talk about, in reality, it shows that you are able to provide your family and friends with information and resources upon your passing. During what would surely be a difficult time, they will have ease with knowing what you have and how you want it transferred, even if you only have a bank account and little physical property.

Plus, alot of firms have will packages on at the moment. My practice is providing 1 will and 2 powers of attorney for $350.00 this month. Given that you could spend that on an online shopping order in a given month, this is something to think about. The concept that wills are simply unaffordable is not grounded in fact.

Powers of Attorney are also SO important because they assign a person to make either medical decisions for you, or decisions with respect to your property, in the event that you are alive but unable to make those decisions yourself. These typically kick in in the event of an illness that you did not foresee happening to you. In actuality, these powers of attorney save a lot of hassle and prevent tragic circumstances from occurring, as if you do not have them when you become incapacitated, your family may not be able to access your accounts (to pay your mortgage, rent and bills) or be able to set you up with medical care using your own resources.

I am a huge fan of having powers of attorney and wills updated every few years as well. I want my own lawyer to know my changing circumstances so that my family will be updated without having to do any extra digging, which would be terrible during a time of need.

If you have any additional questions, feel free to contact me. The above info is in no way meant to be legal advice, so talk to your lawyer or contact one should you have any questions. This information is also specific to Ontario, so check in with your local government regulations or a local lawyer for more info you aren’t in my area!