Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney and personal directives, eliminating previous time restrictions. While initially introduced as a temporary measure during COVID to accommodate distancing and travel restrictions for medical reasons, remote execution of these documents is now permanently permitted. In other words, wills, powers of attorney and personal directives may now be signed remotely for any reason, without medical justification. The legislation does not include any provisions respecting the use of electronic or digital signatures in the creation of testamentary and incapacity planning documents.
Remote execution refers to a process whereby the testator or donor executes a document while connected to witnesses by audiovisual technology where all participants can simultaneously see, hear and communicate with each other in real time. Each participant initials and signs an identical copy of the document in counterpart, and the compiled copies together constitute one valid will.
Importantly, this process is only permitted if a lawyer who is a member as defined in the Legal Profession Act is providing the testator or donor with legal advice and services respecting the making, signing and witnessing of the will, power of attorney or personal directive.
