Short answer. The court may direct that their depositions be taken elsewhere. It may also authorize a photographic copy of the will to be shown to the witness during examination, so the witness can be asked the same questions about it as if the original were present.

What the law says

If it appears at the time fixed for the hearing that none of the subscribing witnesses resides in the province, but that the deposition of one or more of them can be taken elsewhere, the court may, on motion, direct it to be taken, and may authorize a photographic copy of the will to be made and to be presented to the witness on his examination, who may be asked the same questions with respect to it, and to the handwriting of the testator and others, as would be pertinent and competent if the original will were present.

Rule 76, Section 7 — Proof when witnesses do not reside in province. Read the full provision →

Depositions instead of in-court testimony

Probate does not stall simply because none of the subscribing witnesses lives in the province where the case is filed. On motion, the court can direct that their depositions be taken wherever they actually reside, letting their testimony be captured on record without requiring any of them to travel to the filing court in person. This keeps a probate case from being held up indefinitely simply because the subscribing witnesses have since moved away or never lived near the court in the first place. It reflects a broader preference in probate practice for finding practical ways to complete the proceeding rather than letting geography alone defeat the presentation of otherwise available evidence.

A photographic copy stands in for the original

Because the original will itself typically stays in the custody of the court, the rule authorizes a photographic copy to be made and shown to the witness during that deposition. The witness can then be examined about the copy as though the original will were physically present, preserving the value of visual identification of the document even across a distance. This avoids the risk and expense of transporting an irreplaceable original document to wherever the deposition happens to be taken, while still letting the witness confirm details like signatures or the attestation clause.

What the witness is still asked

The examination is not watered down simply because it happens through deposition rather than in open court. The witness can be asked the same questions about the will itself, and about the testator's handwriting and anyone else's, that would be pertinent and competent to ask if the original will were sitting right there in the courtroom. The deposition format changes where and how the testimony is taken, not the substance of what the witness may properly be asked to confirm or explain about the will. This continuity matters because the whole point of the subscribing-witness requirement is to confirm the will's authenticity, a purpose the deposition format still fully serves.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.