Difference between revisions of "Making and Executing a Will (16:III)"

Bill 21, ''Wills, Estates and Succession Amendment Act'', 5th Sess, 41st Parl, British Columbia, 2020, (“''Bill 21''”), received Royal Assent on August 14, 2020, however at the time of this publication most sections of ''Bill 21'' have not yet come into force. Currently, a will must be in writing in order to be valid pursuant to section 37(1)(a) of the ''WESA''. If the relevant sections of ''Bill 21'' come into force in the future, it will be possible to satisfy the writing requirement if the will is in electronic form.

 

Given that it is currently unclear when, and the extent to which these amendments will be brought into force, it is important to keep apprised of the status of ''Bill 21'' and to rely on an updated version of ''WESA''. If the amendments come into force, ''WESA'' will likely be amended to include a definition of “electronic form” for the purposes of determining what requirements must be met.

 

The amendments in ''Bill 21'' will also permit the will-maker and witnesses to use electronic signatures to satisfy the signature requirements in sections 37(1)(b) and (c) of ''WESA''. Note that section 39(1) of ''WESA'' will not apply to electronic signatures, so it will be important to place the electronic signature in the proper location to make it clear that the will-maker intended to give effect to the entire will. Similar to the amendments allowing for electronic wills, the sections of ''Bill 21'' allowing for electronic signatures have also not yet come into force.