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Barbara J. Kimmitt KC

Will, Power of Attorney, Personal Directive, Trust and Dependent Adult Lawyer and Mediator at Bennett Jones Calgary

Partner

Katherine Klein

Private Wealth & Estates Lawyer at Bennett Jones Calgary

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

Estate (Wills) Lawsuits, Employment, Privacy and Medical Malpractice Defence Lawyer and Mediator at Bennett Jones Edmonton

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

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Vanessa Kiraly

Commercial Real Estate Lawyer at Bennett Jones Toronto

A recent Ontario Superior Court decision underscores the importance of precise lease drafting. In Malleum Real Estate v. Donut Monster, the court held that tenant obligations began on the fixed commencement date&mdash;regardless of unfinished landlord improvements or pandemic disruptions. The ruling highlights that assumptions cannot override clear lease terms and offers practical lessons for both landlords and tenants.

When Assumptions Break Leases The Need for Clear Terms

When Assumptions Break Leases: The Need for Clear Terms

Vasilis F. L. Pappas, FCIArb

International Arbitration Lawyer at Bennett Jones Vancouver and Calgary

Partner 

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Geoffrey P. Stenger

Project Development, Energy, Infrastructure and Construction Lawyer at Bennett Jones Calgary

On October 7, 2025, British Columbia introduced Bill 20, the Construction Prompt Payment Act. If enacted, it will overhaul payment timelines and create a fast-track adjudication process for construction disputes. The legislation is expected to significantly impact owners, contractors and subcontractors across the province.

BC Introduces Prompt Payment Legislation

B.C. Introduces Prompt Payment Legislation

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Jesse Mighton

Insolvency and Restructuring Lawyer at Bennett Jones Toronto

Nyrie Israelian

Intellectual Property at Bennett Jones Toronto

The Office of the Superintendent of Bankruptcy has issued new guidance on the use of AI tools by Licensed Insolvency Trustees. The guidance underscores the need for oversight, accuracy, transparency, and adherence to professional obligations as AI becomes more integrated into insolvency practice.

OSB Issues New Guidance

OSB Issues New Guidance: What Licensed Insolvency Trustees Must Know about AI Tools 

Simon Grant

Banking & Finance Lawyer, Fintech Lawyer at Bennett Jones Toronto

Jessica B. Horwitz

International Trade Lawyer, Customs Lawyer, Regulatory Lawyer, Anti-Corruption and Economic Sanctions Lawyer at Bennett Jones Toronto

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

FINTRAC imposed a record $176.9 million penalty on cryptocurrency exchange Cryptomus for thousands of AML/KYC violations. The case underscores regulators&rsquo; increasing focus on compliance, with additional sanctions from the BCSC for operating without registration. Exchanges serving Canadian clients must ensure strict adherence to AML, KYC and securities laws to avoid similar consequences.

176 9 million fine against cryptocurrency exchange from FINTRAC demonstrates costs of non compliance

C$176.9 Million Fine Against Cryptocurrency Exchange From FINTRAC Demonstrates Costs of Non-Compliance

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Christopher Petrucci

Commercial Litigation Lawyer at Bennett Jones Calgary

Alex Payne

Commercial Litigation Lawyer at Bennett Jones Toronto

The Ontario Superior Court in Feldt Electric Ltd v Gorbern Mechanical Contractors held that non-compliance with an adjudicator&rsquo;s determination does not automatically invalidate a lien. The decision underscores the importance of jurisdiction and procedural fairness in construction disputes under Ontario&rsquo;s prompt payment and adjudication regime.

Law 533 :
Wills - 2009

Authors


Bennett Jones Speaking Engagement Law 533 : Wills - 2009 January 1, 2009 Authors Barbara J. Kimmitt KCPartner Barbara Kimmitt is the instructor for Law 533: Wills, a course offered through the University of Calgary Law School. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Barbara J. Kimmitt KC, Partner Calgary • 403.298.3665 • kimmittb@bennettjones.com

Law 533 : Wills - 2009

Authors

Law 533 :
Wills - 2009