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Barbara J. Kimmitt KC

Wills, Estates & Trusts Lawyer | Estate Planning & Mediation

Partner

Katherine Klein

Private Client, Wills & Estates Lawyer

Associate

Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney, and personal directives, eliminating previous time restrictions. While initially introduced as a temporary measure during COVID to accommodate distancing and travel restrictions for medical reasons, remote execution of these documents is now permanently permitted. In other words, wills, powers of attorney, and personal directives may now be signed remotely for any reason, without medical justification. The legislation does not include any provisions respecting the use of electronic or digital signatures in the creation of testamentary and incapacity planning documents.

Alberta Permanently Adopts Remote Signing for Wills Powers of Attorney and Personal Directives

Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives

Barbara J. Stratton KC

Medical Malpractice & Estates Litigator | Mediator

Edmonton Managing Partner

The Alberta Law Reform Institute (ALRI) issued its final report in January 2022, entitled "Family Maintenance & Support from the Estate of a Person Who Stood in the Place of Parent." The Report recommends that Alberta legislation should be changed to give rights to step-children against a deceased step-parent's estate. If the Alberta government adopts ALRI's recommendations, this would mean a significant change to the province's succession law.
Currently, lawyers can safely advise clients that step-children do not have a claim against their step-parent's estate. The report's recommendations would change that. The Wills & Succession Act of Alberta (WSA) is a consolidation of most of Alberta's laws that relate to what happens when a person dies. It includes provisions around what is required for a valid Will, what happens if a person dies without a Will (i.e. the intestacy provisions) and importantly, who may make a claim for support if the deceased person's Will, or the intestacy provisions, do not make "adequate provision for the proper maintenance and support" of a family member. These claims are commonly referred to as "family maintenance and support claims," or "FMS."

Alberta Law Reform Commission on Obligations to Step Children

Alberta Law Reform Commission on Obligations to Step-Children

Recent changes to the "Medical Assistance in Dying" (MAID) provisions in the Criminal Code, allow medical or nurse practitioners in Canada to provide MAID to patients who request assistance in dying, who later lose the capacity to consent at the time MAID is administered. As well, it is no longer a prerequisite to MAID that death be "reasonably foreseeable". However, the law-makers remain undecided about how to treat mental illness in the context of MAID, and have essentially declined to make it available for Canadians diagnosed with dementia.

Doctor Assisted Suicide the Next Step of the Journey

Doctor Assisted Suicide: The Next Step of the Journey

A person who challenges the validity of a will has the burden of rebutting the presumption that a will is valid. In Logan Estate (Re), 2021 ABCA 6, the challenger was unable to rebut this presumption due to the strength of the drafting solicitor's notes. This case reaffirms the importance of specific protocols that a solicitor should follow when drafting and executing a will, and in particular emphasizes the importance of keeping good file notes.

Logan Estate An Example of Best Practices in Will Drafting

Logan Estate: An Example of Best Practices in Will Drafting

Serge Dupont

Senior Advisor at Bennett Jones Ottawa

Senior Advisor

Policy and business leaders in 2026 are confronting disruptive global forces that pose daunting economic and financial risks while also transforming markets and creating avenues for growth over the next years.

Economic Outlook Mid Year 2026

A Changing World: New Risks, New Opportunities

2026 Mid-Year Economic Outlook

Alison G. FitzGerald

International Arbitration Lawyer at Bennett Jones Ottawa

Nasra Moumin

Commercial Litigation Lawyer at Bennett Jones Toronto

Global trade policy is rapidly reshaping the regulatory and commercial landscape for life sciences companies. This update explores how evolving US tariff measures, national security reviews, CUSMA renewal uncertainty and expanding export controls are affecting pharmaceutical and medical device manufacturers operating across borders. The authors also examine Canada&rsquo;s response and the growing compliance, supply chain and market access challenges facing the sector in 2026 and beyond.

The Impact of Global Trade on the Life Sciences Sector

Vincent M. de Grandpré

IP Lawyer | Life Sciences & Tech

Melissa M. Dimilta

Intellectual Property Lawyer at Bennett Jones Toronto

Partner, Trademark Agent

As part of a deeply interconnected global sector, the life sciences industry in Canada is undergoing significant change alongside broad macroeconomic and geopolitical shifts.&nbsp;The Bennett Jones Life Sciences team looks at the top issues and developments affecting the industry in 2026.

2026 Life Sciences outlook

Legal and Market Trends to Watch This Year

Life Sciences Outlook 2026

Emily P. Kettel

Cross-border collaborations are central to the life sciences industry, but they can also raise complex questions about patent infringement liability in Canada. This update examines the Federal Court&rsquo;s recent decision in Adeia Guides Inc v Videotron Ltd and its implications for companies involved in the development, supply and commercialization of patented products and services. The authors explore how Canadian law approaches common design infringement, experimental use exemptions and the potential liability of foreign partners whose activities contribute to products ultimately sold in Canada.

Life Sciences Collaborations and the Risk of Joint Patent Infringement

Aaron E. Sonshine

Corporate Finance, Mergers and Acquisitions and Corporate Governance Lawyer at Bennett Jones Toronto

Partner 

The life sciences sector is experiencing a renewed wave of M&amp;A activity driven by patent expiries, expanding investor appetite and growing demand for innovative therapies and technologies. Drawing on insights shared at the Bloom Burton &amp; Co. Healthcare Investor Conference, this update explores the key trends shaping dealmaking in Canada and globally, including increased competition for assets, rising private transactions and growing investment in emerging markets such as China. The author also examines why current market conditions point to continued momentum across the sector in the second half of 2026.

Testamentary Capacity and the Taking of Instructions

From the Same Authors