Please refer to our Emergency Practice Directive Number 3 and Form PD3 – Declaration of Lawyer Who Has Witnessed a Will via Electronic Means. For Powers of Attorney, refer to our Emergency Practice Directive and Declaration in Law Society of Saskatchewan Form PD1.
To guide and support the membership who avail themselves of the emergency measures in the regulations, the Law Society issued Practice Directives Number 1 and 3. There are unique requirements associated with each of these Directives; Number 1 applies to the execution of Powers of Attorney (among other documents) and Number 3 applies strictly to the execution of Wills. Both allow for virtual execution or remote witnessing by “electronic means”, which is defined as “an electronic method of communication that includes both audio and visual aspects, such that the lawyer and signator can both hear and see each other during the course of the meeting”. This could be accomplished by meeting using services like Zoom, GoogleDuo, GoToMeeting, Facetime or Skype.
The intention is to ensure that lawyers remain able to assist clients during public emergency periods (like the one currently in effect in Saskatchewan) to execute legally valid Wills or Power of Attorney while maintaining physical/social distancing and without placing lawyers, their staff, testators or witnesses at risk.
With this new process be cognizant of ways to Avoid Potential Claims and Complaints.
Other options to consider include: