Complexity of Remote Video Legal Services for Wills - Not DocuSign
Will - Updating Will - Invalid or No Will - Power of Attorney - Personal Directive
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
If you think that remotely executing your Will, Power of Attorney or Personal Directive is comparable to completing other legal documents with DocuSign, you are in for a rude awakening. Because even though it results in many efficiencies for you, the client, the work that needs to be undertaken by the lawyer is considerably greater, as are the associated external expenses, such that the final cost associated with preparing and remotely executing wills, powers of attorney and personal directives tends to more than typical prices, yet for most most Albertans that use our remote legal services there is a clear cost benefit.
The permanent legislative allowance for remote signing and witnessing of wills, powers of attorney and personal directives in Alberta, was intended to provide flexibility, efficiency and time savings, particularly in situations where in-person attendance is difficult [more on who this benefits]. However, contrary to the expectation that a video meeting simplifies the process, executing estate planning documents with an Alberta lawyer remotely introduces a layer of complexity far beyond a standard office signing. The entire procedure is predicated on replicating the formalities of physical presence through electronic means, necessitating meticulous coordination, sophisticated technology management, and a significant amount of additional administrative work by the legal professionals involved.
One of the major increases in time and expense stems directly from the requirement for a multi-step "wet-ink" counterpart execution. Unlike fully digital processes where electronic signatures are permissible (which are explicitly excluded for testamentary documents in Alberta), the testator (the person making the will) and their two witnesses must each sign identical copies of the physical document. This means that after the initial virtual execution meeting, where the lawyer, testator, and witnesses must all be connected via audio-visual communication and observe each other signing in real-time, the hard-copy documents must be physically circulated. The lawyer must then compile these separate, yet identical, "counterpart" documents to constitute one valid Will, a logistic process that can involve courier services, tracking, and significant delays.
The second area of heightened formality is the rigorous due diligence required by the supervising lawyer to mitigate the serious risks associated with remote execution, namely fraud, undue influence, and questions of capacity. During the video conference, the lawyer must undertake highly specific, documented steps that are not required during a simple in-person meeting. This includes obtaining the client's written consent to proceed remotely, thoroughly verifying the client's identity against emailed photo ID, and having the client perform a complete 360-degree scan of their remote location to confirm the absence of any unseen individuals who might exert influence.
These enhanced protective measures translate directly into higher legal fees and additional time commitment. The lawyer is required to maintain meticulous and extensive minutes of the entire video signing session, carefully documenting the start and end times, the methods of communication used, and the identity of every person present (including the independent witnesses). Furthermore, the lawyer must then draft and execute modified Affidavits of Witness to Will to specifically reflect the fact that the Will was executed via video conference and counterpart signing, adding administrative complexity to the document package that ultimately goes into the client’s file and may later be used for probate.
Ultimately, while the remote video signing option provides an invaluable safety net for clients who cannot attend an office, it fundamentally trades convenience of location for complexity of process. The perceived simplicity of logging into a video call belies the considerable behind-the-scenes legal and logistical effort required to comply with the strict legislative requirements. The combined impact of physical document circulation, rigorous identity and influence verification protocols, and the necessary modification of attestation affidavits ensures that the remote execution of wills, powers of attorney and personal directives is neither a fast nor simple procedure, but a highly formal, time-consuming, and consequently more expensive legal service.
Our law firm has established the means to provide such remote legal services for the preparation and execution of your Will, Enduring Power of Attorney, and Personal Directive, undertaken in conformity with the strict directives imposed by the Alberta legislation and the Alberta Law Society. If you wish to take advantage of the convenience and flexibility of our remote video legal services for the preparation and execution of your Will and other estate planning documents, we welcome you to contact our law firm today at 403-400-4092 or via email at Chris@NeufeldLegal.com.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
Contact Info - Mobile Services - Hospital Visits - Remote Video Services - Legal Notices - Privacy - Terms of Use - Main Will Webpage