2 minute read
THE COVER STORY
David Eby Attorney General
Province Makes Will Preparation Even Easier
The public health restrictions related to the COVID-19 pandemic have caused many policy issues and priorities to shift as our government and professionals like Notaries try to adapt how we provide services to the public.
Let me begin this column by thanking all Notaries for your work to provide services to British Columbians throughout the pandemic in a way that ensures that they, and you and your staff, stay as safe as possible.
Beyond increased plexiglass and floor decal deployment, this pandemic has accelerated reform directly relevant to Notaries that includes how people prepare their Wills. The time and potential complexity required to complete a Will have long been a barrier for people who have wanted to put their estates in order.
An obvious example that gained particular relevance during the pandemic was the requirement for Notaries or lawyers to visit clients in hospitals to satisfy legal requirements around Will witnessing.
After hearing the feedback of Notaries, lawyers, and the public who were frustrated by outdated rules around making Wills, I was very pleased to introduce legislation this Summer that has modernized the way Wills are signed and witnessed in our province. Amendments to the Wills, Estates and Succession Act formalize emergency orders made during the pandemic and make it easier for British Columbians to create a Will, not just during the pandemic, but well into the future, even after a vaccine becomes widely available.
The amendments allow technology to be used for the witnessing of Wills
©iStockphoto.com/Nattakorn Maneerat
by people who are in a different location from the testator. During a time of quarantining and physical distancing, that is a significant benefit and avoids costly and time-consuming Court applications that were required previously to avoid in-person witnessing requirements. It also helps people who have a disability, live in a remote community, or would otherwise have difficulty attending the office of a Notary or lawyer in person.
Soon additional amendments will be brought into force by regulation that will enable the Courts to recognize Wills that are created on a computer and signed electronically and for which there is no printed copy. They will allow the Court to issue a grant based on an electronic Will without the need for an additional Court application. Third parties, such as credit unions, will also be able to recognize Electronic Wills in the same way as they now recognize hard copies.
Those legislative reforms merely change the medium in which a Will is stored and the method used to sign and witness the signing of a Will.
