Updates for Remote Witnessing Wills and Power of Attorneys

Within the past week or so Alberta, British Columbia and Manitoba have released new orders regarding the remote signing and witnessing of Wills and Power of Attorney documents.

Alberta

Yesterday, May 21 the Law Society of Alberta announced a new ministerial order. The Ministerial Order 39/2020 is effective from May 15 to August 14. This order permits personal directives, powers of attorney and wills to be witnessed using video conferencing software, where it is impossible or medically unsafe to meet face to face.

British Columbia

The Law Society of British Columbia announced that two new ministerial orders are in effect. These two orders allow the remote witnessing of wills, power of attorneys and representation agreements. The Ministerial Order M161 outlines the approach to remote witnessing wills. Meanwhile, Ministerial Order M162 indicates the requirements for remote witnessing power of attorney documents (and representation agreements). All these documents are to include a statement that the document was signed and witnessed in accordance with the applicable order.

Manitoba

The Law Society of Manitoba announced the order temporarily allowing for remote witnessing of several documents, including wills and powers of attorney, using video conferencing from May 13 to October 1. As promised in their announcement their checklists have been released. The order outlines the various documents and the steps to properly execute them using video conferencing software.