Electronic Will Complications in Wills Variation
Creating a will in British Columbia can be as easy as search and click. However, when a will was created electronically, there are extra factors that you need to consider, especially if the will later undergoes variation. Klein Lawyers explains.
What Makes a Will Valid?
Under the Wills, Estates and Succession Act, a will is valid if:
- The will is in writing;
- Signed by the will-maker;
- The signature is made or acknowledged by the will-maker in the presence of two or more witnesses who are present at the same time;
- Two or more witnesses must sign the will in the presence of the will-maker;
- The will-maker is at least 16 years of age; and
- The witnesses must be at least 19 years old.
If the above has not occurred, or the court finds that the will-maker or witnesses were not of sound mind/age, the will may be deemed invalid.
Despite these regulations, the COVID-19 pandemic has lead to proposed permanent changes to the Wills, Estates and Succession Act. This will allow people to witness wills creation remotely through the use of technology (like video call instead of in person). The proposed legislative changes would also allow British Columbians to create and sign their will electronically.
While such changes are meant to provide people with more flexibility and control over their future, it opens up potential challenges.
Concerns About Online Wills
While an online will gives you the ability to plan for the future from the comfort of your home, it also raises concerns about the potential of undue influence.
Consider this: a nephew has taken up residence at your elderly mother’s home. A nephew who never really cared much for your mother, until learning about the value of her estate. Now suddenly, everything is going to him, and you are left with nothing.
How could this happen? During the COVID-19 pandemic’s early lockdowns, your nephew had your mother change her will online, encouraging her to make the changes. It’s out of the ordinary–but now you have an issue with undue influence.
Of course, if there is an issue with the will, you can vary the will. But you’ll need a lawyer. And Klein Lawyers can help.
Contact Our Wills Variation Lawyers Today for Your Online Will Complications
If a loved one had created an online will and now there are complications, you need a law firm with a history of success. You need Klein Lawyers.
Contact Klein Lawyers at (604) 874-7171 today for a free, confidential case evaluation. Our wills variation lawyers serve clients throughout British Columbia from offices in Vancouver, Abbotsford, Burnaby, Coquitlam, Langley, and Surrey.