A New Era In Estate Planning: Alberta Permits Ongoing Remote Execution

Recent changes to legislation in Alberta allow for ongoing remote execution of Wills, Powers of Attorney, and Personal Directives in the Province of Alberta. The ability to execute these documents remotely was initially introduced as a temporary measure in response to the COVID-19 pandemic, as prior to the COVID-19 pandemic, these documents had to be signed by an individual and their witnesses together in-person and there was no ability to sign them remotely. The legislative changes adopt the remote execution process on an ongoing basis.

The process for remote execution of Wills is outlined in the Wills and Succession Act, SA 2010 c W-12.2. In order for these documents to be validly executed, a specific process must be followed. First, the testator and the witnesses must execute the documents while connected through electronic means with which they are able to see, hear, and communicate with each other in real time. During a remote signing, the testator and the