BC: Remote Witnessing of Wills to Become Permanent
The Government of BC has introduced amendments to the Wills, Estates and Succession Act. Bill 21 has passed first reading and will enable courts to accept electronic Wills and permit the remote witnessing of Wills. These amendments also include definitions of: electronic presence, electronic signature, electronic Will, and how to alter and revoke an electronic Will.
Related: Have you tried LDD's Remote Signing Portal for your Wills practice?
Notes on amendments that may impact your practice:
SECTION 1: [Wills, Estates and Succession Act, section 35.1] adds a definition of "electronic presence" and related definitions to Part 4 of the Act.
SECTION 2: [Wills, Estates and Succession Act, section 35.1] adds definitions of "electronic signature" and "electronic will" and a related definition to Part 4 of the Act;sets out when an electronic record is deemed not capable of being recorded, stored or reproduced.
SECTION 3: [Wills, Estates and Succession Act, section 35.2] provides for persons to be in each other's electronic presence when taking actions under the Act.
SECTION 4: [Wills, Estates and Succession Act, section 35.3] provides for the use of electronic signatures in wills and other documents.
SECTION 5: [Wills, Estates and Succession Act, section 37] provides for the making of electronic wills;updates language.
SECTION 6: [Wills, Estates and Succession Act, section 54] clarifies that an electronic will cannot be altered in the same manner as a physical will.
SECTION 7: [Wills, Estates and Succession Act, section 54.1] sets out how an electronic will may be altered.
SECTION 8: [Wills, Estates and Succession Act, section 55] clarifies that an electronic will cannot be revoked in the same manner as a physical will.
SECTION 9: [Wills, Estates and Succession Act, section 55.1] sets out how an electronic will may be revoked.
SECTION 10: [Wills, Estates and Succession Act, section 57] clarifies that an electronic will cannot be revived in the same manner as a physical will.
SECTION 11: [Transition – will made during specified period] provides that wills made on or after March 18, 2020 up until the date of Royal Assent are valid if made in the electronic presence of witnesses.
SECTION 12: [Repeal] repeals the Electronic Witnessing of Wills (COVID-19) Order, Ministerial Order 161/2020.
See Bill 21 - 2020: Wills, Estates and Succession Amendment Act, 2020 for full details.