The Government of Saskatchewan enacted The Wills Regulations allowing for the remote witnessing of wills that came into effect April 16. One of the two witnesses must be a lawyer.

Due to the province’s state of emergency around the mandates on physical distancing and self-isolation due to COVID-19, it only makes sense the Regulations came into force.

Justice Minister and Attorney General Don Morgan explains,

“With the current public health emergency, it is impractical and potentially risky for the required people to be in the same room during the signing of a will, particularly for those who may be more vulnerable to the virus. These Regulations will ensure that wills can be signed remotely, reducing the risk of exposure to COVID-19.”

Normally, a will must be in writing and signed by the individual making the will or by the power of attorney on behalf of that individual. Two witnesses are still required and one of the witnesses is usually a solicitor.

This new regulation on remote witnessing addresses the process of land titles and transfers of land/property and other legal documents that require commissioning by a lawyer.

The regulation does not allow for the creation of an electronic will or the use of electronic signatures.

Instead, the individual would sign their will and send that signed copy back to the solicitor. Their signature would then be acknowledged remotely via video before their lawyer and the second witness.

For more details on this regulation, contact your solicitor or visit the www.saskatchewan.ca/wills-and-estates.