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ARTICLE · 03 DECEMBER 2020

Update On Virtual Execution Of Estate Planning Documents In Alberta

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On May 15, 2020, in response to the COVID-19 pandemic, Alberta introduced temporary legislative changes to allow for virtual signing and witnessing of Wills...

CanadaFamily and Matrimonial
Barbara J. Kimmitt
Barbara J. Kimmitt
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On May 15, 2020, in response to the COVID-19 pandemic, Alberta introduced temporary legislative changes to allow for virtual signing and witnessing of Wills, Enduring Power of Attorneys and Personal Directives (Estate Planning Documents) until August 15, 2020. Unfortunately, the temporary rules for remote execution of Estate Planning Documents did not expressly allow for counterpart execution, and the Court of Queen's Bench confirmed it would not accept wills signed in counterpart. As a result, the virtual execution of Estate Planning Documents was cumbersome and time consuming, as the lawyers had to physically send the same document to each party for signature via virtual witnessing, requiring several videoconference meetings.

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