Remote Video Legal Services: Wills, Powers of Attorney, Personal Directives
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
Alberta has made permanent legislative amendments to the Wills and Succession Act, Powers of Attorney Act, and Personal Directives Act, which now permits the remote preparation and legal execution of Wills, Enduring Powers of Attorney, and Personal Directives using two-way video conferencing. This modernization has enabled our law firm to attend to these critical estate planning documents with Albertans, regardless of their location, mobility, or busy schedules, such that we might undertake these all important legal services whereever you might be located (thus removing the previous requirement for all parties being physically present in the same room) [more on who this benefits].
Naturally, our ability to undertake the virtual witnessing of wills, powers of attorney and personal directives is subject to specific legal safeguards designed to protect the integrity of the legal documents and the interests of the client. Crucially, the process mandates that one of the witnesses to the remote signing must be an active member of the Law Society of Alberta who has provided legal advice on the preparation of the documents. The entire signing session must take place over an electronic communication method where all participants, including the lawyer and the client, can see, hear, and communicate with each other in real-time. This real-time connection legally deems all parties to be in each other's presence, validating the signatures.
Despite the process being undertaken virtually, the legislation strictly requires the use of original, physical signatures, often referred to as wet-ink signatures. Electronic or digital signatures are not permitted for these critical estate planning documents. The remote process involves the client and the lawyer each signing and initialing identical, counterpart copies of the Will, Power of Attorney, and/or Personal Directive while being observed via video link. These separate, signed counterpart documents are then collected and physically compiled by the lawyer to form one legally valid and complete original document, which serves to maintain the highest standards of authenticity [more on complexity of remote will service].
This legislative advancement enables our law firm to provide an unprecedented level of convenience for our Alberta clients, irrespective of their location. Whether you are travelling outside the province, reside in a remote area, have medical or mobility concerns that make office visits difficult, or simply prefer the efficiency of a remote meeting, this option is now permanently available. It drastically reduces logistical barriers, minimizes time spent travelling to and from a lawyer’s office, and allows for greater flexibility in scheduling these important appointments. The ability to complete these documents remotely ensures that your vital life planning can proceed without unnecessary delay or complication (although the procedures can prove particularly laborious on the lawyer's end, both in terms of legal costs and external costs (i.e., courier charges)).
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.
Concerns with Not Having a Lawyer-Drafted Will
Preparing a will without professional legal oversight introduces significant risks regarding the technical execution and the potential for future litigation. Documents that are not strictly compliant with formal signing and witnessing requirements may be deemed invalid, resulting in an intestacy (or partial intestacy) where the estate is distributed according to rigid statutory formulas rather than personal wishes. Furthermore, the absence of clear, unambiguous language often leads to conflicting interpretations of the testator's intent, forcing executors to seek court intervention for clarification. These procedural and linguistic failures can cause substantial delays in the administration of the estate and significantly deplete the assets meant for beneficiaries through avoidable legal expenses.
Beyond the formal validity of the document, a lack of professional guidance often results in a failure to address complex financial and familial obligations. Independent drafters may overlook the impact of joint tenancies, beneficiary designations on registered accounts, or the specific tax implications of transferring diverse asset classes. There is also a heightened risk that the will may be successfully challenged on the grounds of undue influence or a lack of testamentary capacity if no contemporaneous professional record exists to verify the testator’s independent judgment. Without a comprehensive review of one's entire estate structure, the resulting document may only address a fraction of the necessary considerations, leaving survivors to navigate a disorganized and legally precarious transition of property.
It is important to recognize that these points represent only a selection of the potential complications that can arise when a legal professional is not involved in the drafting process. Each estate presents unique variables that require specific scrutiny to ensure the final document functions as intended under various foreseeable scenarios. However, even when a lawyer is retained, the effectiveness of the will is ultimately subject to the accuracy and completeness of the instructions provided by the client. Legal counsel can only provide protections based on the information disclosed to them, and certain outcomes may remain unaddressed if a client’s directives limit the scope of the lawyer's review or ignore recommended safeguards.
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.
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