Best Practice Considerations for Virtual Execution of Estate Planning Documents

Marissa German and Barbara Kimmitt, attorneys for the Canadian legal practice of Bennett Jones LLP, recently wrote about the considerations that you should take when virtually executing estate planning documents. 

Due to the COVID-19 pandemic, a Ministerial Order (M.O.) was signed in Canada which modifies current legislation on a temporary basis to allow for virtual witnessing of Wills, Enduring Powers of Attorney and Personal Directives (Estate Planning Documents). The modification was made with the public interest in mind since some people cannot leave their homes due to health concerns. 

The M.O. specifies two requirements for the virtual execution of Estate Planning Documents:

1. The persons must be connected to each other by an electronic method of communication in which they are able to see, hear and communicate to each other in real time; and 
2. A lawyer must be providing the maker/donor/testator of the document with legal advice and services respecting the making, signing and witnessing of the Estate Planning Document.

As of now, the M.O. does not expressly allow for the execution of Estate Planning Documents in counterpart, but attorneys are working for legislation to obtain it; this would make virtual execution of Estate Planning Documents less cumbersome. 

German and Kimmitt also provided a in-depth list of the best practices for Lawyers who are assisting clients in the execution of Estate Planning Documents using video conferencing may wish incorporate the following best practices. 

See Marissa German & Barbara Kimmitt, Best Practice Considerations for Virtual Execution of Estate Planning Documents, Bennett Jones LLP, June 10, 2020. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.