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ARTICLE · 17 JUNE 2020

Best Practice Considerations For Virtual Execution Of Estate Planning Documents

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Due to the COVID-19 pandemic, on May 15, 2020, Doug Schweitzer, Q.C., Minister of Justice and Solicitor General of the Province of Alberta signed Ministerial Order M.O. 39/2020 which modifies current legislation.

CanadaFamily and Matrimonial
Barbara J. Kimmitt
Barbara J. Kimmitt
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Due to the COVID-19 pandemic, on May 15, 2020, Doug Schweitzer, Q.C., Minister of Justice and Solicitor General of the Province of Alberta signed Ministerial Order M.O. 39/2020 which modifies current legislation on a temporary basis to allow for virtual witnessing of Wills, Enduring Powers of Attorney and Personal Directives ("Estate Planning Documents"). This modification is in the public interest as due to the COVID-19 pandemic, physical personal attendance with clients for the purpose of executing Estate Planning Documents may not be possible or medically safe.

The M.O. specifies two requirements for the virtual execution of Estate Planning Documents:

  1. The persons must be connected to each other by an electronic method of communication in which they are able to see, hear and communicate to each other in real time; and 

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