Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Wills and Succession Act

Part 2 — Wills Interpretation and Application of Part 2

19.1 Deemed presence

Current to 2025-06-11 · Official PDF

(1) Subject to subsection (2), persons are deemed to be in
each other's presence for the purposes of sections 15 and 19(1)
while the persons are connected to each other by an electronic
method of communication in which they are able to see, hear and
communicate with each other in real time.
(2) Subsection (1) applies only if a lawyer who is an active
member as defined in the Legal Profession Act is providing the
testator with legal advice and services respecting the making,
signing and witnessing of the will.
(3) If a will is executed by an electronic method of communication
in which the persons are deemed by subsection (1) or by order of the
Minister of Justice and Solicitor General numbered M.O. 39/2020
to be in each other's presence, the requirements of this Act may be
fulfilled by the persons signing or initialling complete, identical
copies of the will in counterpart, which together constitute the will.
(4) For the purposes of subsection (3), copies of the will are
identical even if there are minor, non-substantive differences in
format or layout between the copies.
2020 c13 s15;2024 c19 s19