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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

Ruth E. Promislow

 Data Security and Privacy, Commercial Litigation Lawyer at Bennett Jones Toronto

Caroline Poirier

Information Technology, Privacy and Data Protection Lawyer at Bennett Jones Montreal

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

Canadian privacy regulators found TikTok improperly collected children&rsquo;s data and lacked valid consent. TikTok will implement new privacy measures, emphasizing stronger protections for youth and transparency under Canadian law.

Joint Privacy Commissioner Investigation of TikTok Key Take Aways

Joint Privacy Commissioner Investigation of TikTok Key Take-Aways

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Antoine Messervier

Tax Lawyer at Bennett Jones Vancouver

Andrew Young

Tax Lawyer at Bennett Jones Toronto

Issue 38 of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters, features a review of notable tax cases, recent court guidance and ongoing appeal activity. This issue includes several articles from members of Bennett Jones&rsquo; Tax group.

Bennett Jones on Tax Disputes Issue 38 September 2025

Bennett Jones on Tax Disputes: September 2025

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

It is clear that the global push for green innovation is no longer just aspirational, it is structural. Over the past decade, countries around the world have implemented a mosaic of policies to accelerate environmentally friendly technologies, many of which intersect with intellectual property. But intellectual property (IP) is just one piece of a much larger innovation puzzle.
Increasingly, we see that financial incentives, regulatory frameworks and IP protections are working in tandem to drive green agri-tech. Incentives can include tax credits, substantial grants supporting climate-smart agriculture, subsidies for carbon farming, or &ldquo;patent box&rdquo; regimes offering reduced tax rates on income from green IP, all of which then shape the behavior of startups and researchers alike. However increasingly the conversation is expanding beyond patents and grants into including carbon markets.

Fast Tracks and Green Gaps Part V

Fast Tracks and Green Gaps Part V: From Carrots to Carbon Credits: How the World is Powering Green Agri-Tech Beyond IP

Christopher A. Travascio

Corporate Commercial and Technology, Media and Entertainment Lawyer at Bennett Jones Toronto

Jung Kuo (John) Ra

Corporate Commercial Lawyer at Bennett Jones Toronto

The latest PitchBook Global Private Market Fundraising Report highlights key trends shaping private capital markets in the first half of 2025. This article examines shifts in regional fundraising dynamics, the continued strength of private debt, the growing scale of secondaries, and challenges facing private equity&mdash;particularly for emerging managers. With capital increasingly concentrated among experienced fund managers, the report offers valuable insights for sponsors navigating fundraising, dealmaking, and portfolio strategy in an evolving market environment.

Top Trends in Private Market Funding

Top Trends in Private Capital Fundraising

Mark S. Powell

Trading and Derivatives Lawyer at Bennett Jones Calgary

Partner 

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

Jessica Kennedy

Regulatory Lawyer at Bennett Jones Calgary

On September 16, 2025, the Government of Alberta announced two key changes to Alberta's Technology Innovation and Emission Reduction Regulation (TIER) that allow: (i) certain facilities that had voluntarily opted in to TIER to opt back out of TIER; and (ii) on-site investments into emissions reductions facilities to be recognized towards an emitter's compliance obligations. The announcement states that these changes will be introduced by the Government of Alberta in the fall.

Society for Trust and Estate Practitioners (STEP)

Authors


Bennett Jones Speaking Engagement Society for Trust and Estate Practitioners (STEP) April 16, 2014 Authors Barbara J. Kimmitt KCPartner Barbara Kimmitt presents "Investing Estate and Trust Assets: What does the Prudent Investor Rule mean Practically?" 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