Wills Over Videochat

Blog Layout

Wills Over Videochat

John McMullin, Associate Lawyer, LETOURNEAU LLP • May 06, 2020

Making a Last Will or a Living Will in the Time of Covid-19

May 6, 2020 -

John McMullin, Associate Lawyer, LETOURNEAU LLP

The novel coronavirus presents a big challenge to having your will (last will or living will) completed: how do you get witnesses to sign your will if you are self-isolating? Some jurisdictions, such as Ontario, have allowed witnesses to view the signing of a will over videoconferencing, but in Alberta, a will currently has to be signed by the person making it (the testator) in the presence of two witnesses.

This is not a problem for someone who is healthy and able to visit a lawyer’s office, as law offices are essential services and a law firm will generally have protocols in place for an individual to sign a will with minimal risk of infection. If someone is self-isolating or otherwise homebound, getting witnesses to sign a will is significantly more difficult, but there are tools to help you solve any potential problems.

Execute a Holographic Will With a Lawyer

Holographic wills, which are wills written by the testator entirely by hand, can be an effective way to have a will without breaking self-isolation. A holographic will is valid even if there are no witnesses, so there is no need to have someone in close contact with the testator to make it.

A lawyer can assist with ensuring your holographic will has the effect you want. Making a holographic will on your own does expose you to potentially leaving out important property, instructions, or accidentally failing to meet the legal requirements for a valid holographic will. Holographic wills can also result in litigation if someone believes the will is fake, or that the testator was pressured into making it. Legal assistance can make sure that these concerns are addressed.

Using Available Witnesses and Safe Practices

When a client of LETOURNEAU LLP signs a will, we have staff members witness the document to prevent complications. However, anyone can be a witness to a will, including your friends, neighbours, care workers, or family members. You can have a will drafted by one of our lawyers, sent to you, and sign it in the safety of your home with their assistance.

It is crucial that whoever witnesses the will is not a beneficiary, or the spouse of a beneficiary. If your daughter and your son are each supposed to receive half of your estate (with them each receiving half of the residue), and your son witnesses your will, that gift is void and your daughter will receive your whole estate, per the operation of section 21 of the Wills and Succession Act. Gifts to someone providing translation services for someone making the will, or someone signing on behalf of a testator, are also void.

Witnesses must see you sign the will. Witnesses can observe you signing the will from a safe distance, through an open doorway, or through a window. The witnesses can then retrieve and sign the will. It is not necessary for the witnesses to read the will before they sign it. A lawyer can observe these proceedings via videoconferencing to make sure everything occurs correctly.

Making sure your will is stored correctly is important. Many law firms, such as ours, have fireproof storage vaults and systems for wills. If you keep the original copy of your will, make sure it is kept in a safe place, and that your personal representative knows where it is.

We want to make sure you can choose how your possessions and property are dealt with after you are gone. If you want the security and peace of mind a will can give you, contact LETOURNEAU LLP to arrange a consultation on how best to have your will put into place.

This article does not constitute legal advice.

< Older Post Newer Post >