Alberta Estate Legislation Update Regarding Remote Signing of Estate Documents
The Province of Alberta has recently amended three pieces of legislation to make it easier for Albertans to execute their estate documents. The Wills and Succession Act, SA 2010 c W-12.2, Powers of Attorney Act, RSA 2000, c P-20, and Personal Directives Act, RSA 2000, c P-6, now allow for the remote execution of wills, powers of attorney, and personal directives. Remote execution was previously allowed on a temporary basis as a response to the COVID-19 pandemic. Alberta has now decided to permanently continue the ability for individuals to execute their estate documents remotely.
However, in order for the remote signing to be valid, it is a requirement of the new legislative provisions that they are witnessed by a lawyer who is an active member of the Law Society of Alberta as outlined in the Legal Professions Act, RSA 2000, c L-8, and that same lawyer is the legal professional who provided the client with legal advice in the overall preparation of the client's estate documents.
What does the remote signing process look like?
Prior to the remote signing meeting, the lawyer will send the client their estate documents (Will, Power of Attorney, and Personal Directive). Upon receipt of these documents, the client will print a copy of each document and prepare them prior to the signing. The lawyer and a staff member (i.e., second witness) of the firm will also have copies of the client's estate documents ready before the meeting.
The remote signing process for estate documents is simple:
- The lawyer and client will connect via electronic video communications in which both parties will be able to see and hear each other live.
- The lawyer, pursuant to the Law Society of Alberta Rules, will engage in client identification and verification of the client. It is vital that the client have government-issued identification ready.
- The lawyer and client will then go through each estate document separately. In the execution of each document, the lawyer and client will go through and initial each page of an identical copy of the estate document and execute the signature page.
- The client will then courier their signed and initial estate documents to the lawyer.
- Upon receival of the client's estate documents, the lawyer will then combine the signed and initialed documents from both the lawyer and client to constitute a valid Will, Power of Attorney, and Personal Directive.
- Depending on the client's preference, the lawyer may keep the client's original estate documents in the law firm's vault and send a copy of the documents to the client. Alternatively, the lawyer may provide the original estate documents to the client for their safekeeping.
The above process will result in lengthier copies of estate documents compared to signing in-person, where all parties involved are signing and initialling the same documents. Although the process is simple, a remote signing meeting may take longer, depending on the complexity of the client's estate documents and potential for technological complications.
Factors to Consider
A few factors that you should consider include the following:
- The remote execution process can only be conducted if one of the witnesses is an active member of the Law Society of Alberta, pursuant to the Legal Professions Act, and who legally advised the client in the preparation of their estate documents;
- Wet-ink signatures are still required in the execution of the client's estate documents when conducting the remote signing meeting; and
- Electronic signatures not permitted based on Alberta estate legislation and may lead to the invalidity of the estate documents.
In summary, Alberta's adoption of the remote signing of estate documents is now an option for individuals who are unable to meet with their lawyer in-person, or who may be outside of Alberta for an extended period of time.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
