Blog: Georgia Barnard

Update on Remote Execution of Wills in BC

We previously reported on how the Government of British Columbia responded to COVID-19 by temporarily allowing the remote execution of Wills, setting out the requirements for doing so in a ministerial order that is only applicable so long as the Provincial State of Emergency is in effect (see our previous blog post of June 17, 2020).

We are pleased to advise that the Government of British Columbia introduced legislation last week to make remote execution of Wills a permanent fixture in this province.

If it passes, Bill 21 – 2020 will amend the Wills, Estates, and Succession Act,…

UPDATE on COVID-19: EXECUTING A WILL IN A PANDEMIC

We previously commented on this blog that the laws of British Columbia had not been relaxed to allow for remote or “virtual” execution of Wills, Powers of Attorney, and Representation Agreements during the COVID-19 pandemic (see our posts of April 29, 2020 and May 1, 2020).

That has now changed. The Minister of Public Safety and Solicitor General has now issued ministerial orders with respect to the remote execution of Wills, Powers of Attorney, and Representation Agreements in British Columbia.

These orders are effective May 19, 2020, until the current Provincial State of Emergency is over. At the…

COVID-19: I Can’t Get Two Witnesses for My Will, Help!

UPDATE – this post is now out of date. Please see our updated post of May 21, 2020

As discussed in a previous post on this blog; while some other provinces have relaxed the in-person witnessing requirements for estate planning documents at this time, British Columbia has not. If you get creative, will-makers can fulfil these requirements while still respecting social distancing protocols. However, for those required to self-isolate strict compliance will be impossible. They simply won’t be able to execute their Will in the presence of two witnesses. What’s a would-be will-maker to do?

Will-makers can…

COVID-19: Executing a Will in a Pandemic

UPDATE – this post is now out of date. Please see our updated post of May 21, 2020

With reports of the COVID-19 pandemic prompting floods of people to update their Wills, or finally write one, just how easy is it to comply with the formal requirements for making a Will during the current state of emergency?

For a Will made in British Columbia to be valid, it needs to be signed by the will-maker in the presence of two witnesses, who both need to sign too (still in each other and the will-maker’s presence).  There are strict rules…