Update: Remote Witnessing and Signing of Estate Planning Documents
On June 18, 2020, the Government of Alberta introduced Bill 24, the COVID-19 Pandemic Response Statutes Amendment Act, 2020 (“Bill 24”). In our news release of May 27, 2020, we highlighted a concern that had arisen in the provisions of Ministerial Order 39/2020 (“M.O.”). The M.O. authorized the remote witnessing of Wills, Enduring Powers of Attorney, and Personal Directives in light of the COVID-19 pandemic where public health recommendations for social distancing placed significant restrictions of the ability of lawyers to meet with their clients to execute their estate planning documents in person. Once put into practice, it came to light that the M.O. would not authorize the execution of Wills in counterpart.