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Both witnesses must also attest after the will-maker makes or acknowledges their signature in their joint presence. Though they need not sign in each other’s presence, they must each sign in the presence of the will-maker who must actually see or be able to see the witnesses sign (''WESA'', s 37(1)(c)). '''Attesting witnesses must be able to confirm the will-maker’s execution of the will; they do not need to be aware of the contents of the will'''. | Both witnesses must also attest after the will-maker makes or acknowledges their signature in their joint presence. Though they need not sign in each other’s presence, they must each sign in the presence of the will-maker who must actually see or be able to see the witnesses sign (''WESA'', s 37(1)(c)). '''Attesting witnesses must be able to confirm the will-maker’s execution of the will; they do not need to be aware of the contents of the will'''. | ||
Section 35.2 of ''WESA'' states that individuals are allowed to be in each other’s “electronic presence” to satisfy the requirement that a person take an action in the presence of another person, or while other persons are present at the same time. Electronic presence is defined as “the circumstances in which 2 or more persons in different locations communicate simultaneously to an extent that is similar to communication that would occur if all the persons were physically present in the same location” (''WESA'', s 35.1). | |||
This means that signing parties may be physically or electronically present for the execution and witnessing of a will to satisfy the presence requirements of ''WESA'' sections 37(1)(b) and (c). If a will-maker and witnesses are in each other’s electronic presence, the will may be made by signing complete and identical copies of the will in counterpart, and those copies of the will in counterpart are deemed to be identical even if there are slight differences in the format of the copies (''WESA'', s 35.2). | This means that signing parties may be physically or electronically present for the execution and witnessing of a will to satisfy the presence requirements of ''WESA'' sections 37(1)(b) and (c). If a will-maker and witnesses are in each other’s electronic presence, the will may be made by signing complete and identical copies of the will in counterpart, and those copies of the will in counterpart are deemed to be identical even if there are slight differences in the format of the copies (''WESA'', s 35.2). | ||
See '''Section III.D.2: Electronic Wills''', for two potential scenarios of how to be in someone’s “electronic presence.” | |||
==== b) Competence of Witnesses ==== | ==== b) Competence of Witnesses ==== |
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