The government has enacted Regulations allowing the remote witnessing of wills. The Wills (Public Emergency) Regulations, came into effect on April 16th and will permit the signing of a will to be witnessed remotely as long as one of two witnesses is a lawyer.

“With the current public health emergency, it is impractical and potentially risky for the required people to be in the same room during the signing of a will, particularly for those who may be more vulnerable to the virus,” Justice Minister and Attorney General Don Morgan said. “These Regulations will ensure that wills can be signed remotely, reducing the risk of exposure to COVID-19.”

Prior to the changes, wills had to be in writing and signed by the person making the will or by someone acting on their behalf. The signing must have a witness of two people, whom one of which is usually a lawyer, who also signs the document.

With these regulations being passed, people will be able to sign their will, and send a copy to their lawyer, while acknowledging their signature remotely via video before their lawyer and a second witness. Use of an electronic will or electronic signatures are not permitted, as wills must be in writing and signed by the person making the will and both witnesses in ink.

These changes follow other recently implemented emergency regulations that permit the remote witnessing and commissioning by lawyers of other legal documents, such as powers of attorney and land titles documents.