Wills and estate planning during the pandemic

There comes a time in a person's life when he or she starts to think about creating a will. For recently married couples, the birth of their first kid is often a reminder of the importance of a will. For baby boomers, the loss of a parent at a young age was that moment, and for the parents of baby boomers, their desire to ensure that the financial affairs are in order is that special moment.

Now, there is a more urgent issue (COVID-19 pandemic) that is reminding everyone of the importance of having to create or update a will. As countries around the world continue to struggle with the impact of the coronavirus pandemic, many people are also struggling with their health and an uncertain financial future. If you don't have a will currently, it is in your best interest to consult with an experienced real estate lawyer to create a will.

According to the provincial legislation – Estate, Wills, and Succession Act – a legitimate will requires witnessing by two people who aren't heirs, beneficiaries, or spouses. These witnesses should be present when the owner of the will signs it. It is essential to mention that these witnesses are not only physically present but should also touch the will that has been touched by the creator. This could create the risk of transmission of coronavirus. The risk of transmission has made some people reluctant to start creating their estate plans.

To address these concerns about the transmission of runaway rise during the process of creating a will, the legislators are developing various processes to help their clients. Consult with a reliable law firm to know the specific processes in place to prevent the transmission of coronavirus when creating and signing a will.

Here are some of the options to ensure that the process of creating and assigning a will is safe.

In-person witnessing: Currently, most law firms are fully operational but often conduct many estate planning meetings by video conferencing or telephone. Depending on the client's information, the lawyers arrange for a meeting in the office but with strict adherence to coronavirus infection control measures such as proper hygiene, wearing masks, and physical distancing. Remember, there will be witnesses whenever necessary.

No witnesses: There are instances where a client is reluctant to visit the lawyer's office or have other people witness his or her will. In this case, it is recommended to sign the will without a witness. The lawyer will help you take the necessary measures to ensure that you can legally send the will without witnesses.

Video witnessing: Most provinces in Canada are considering introducing ministerial order that allows wills to be witnessed via video conferencing technology. For example, the Ontario provincial government has approved this option, and it is expected that other regions like British Columbia will follow this option.

The coronavirus pandemic has changed many aspects of our lives, but this doesn't mean that you should not prepare your will. Talk to a lawyer who understands property law and find out how and when you can create or update your will.

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