Bill 14 - An Act Respecting the Enduring Powers of Attorney Act and the Wills Act

BILL 14

An Act Respecting the Enduring Powers of Attorney Act and the Wills Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Enduring Powers of Attorney Act

1 The Enduring Powers of Attorney Act, chapter 30 of the Acts of New Brunswick, 2019, is amended by adding after section 4 the following:

Validity when using an electronic means of communication

4.1( 1) The following definition applies in this section.

“electronic means of communication” means an electronic means of communication in which all persons are able to see, hear and communicate with one another in real time, to the same extent as if the persons were communicating in person in the same location. (moyen de communication électronique)

4.1( 2) On the commencement of this section until December 31, 2022, the requirement under subparagraph 4(1)(c)(i) that an enduring power of attorney be signed and dated in the presence of a lawyer may be satisfied by using an electronic means of communication.

4.1( 3) During the period referred to in subsection (2), the requirements under clauses 4(1)(c)(ii)(B), (C) and (D) that a lawyer has reviewed the provisions of an enduring power of attorney, was present when it was signed by the grantor or by another person, and was of the opinion that the grantor had the capacity to make the enduring power of attorney may be satisfied by using an electronic means of communication.

4.1( 4) During the period referred to in subsection (2), the requirement under paragraph 4(2)(b) that an enduring power of attorney may be signed and dated by a person on behalf of the grantor if the person signs and dates the enduring power of attorney at the direction and in the presence of the grantor may be satisfied by using an electronic means of communication.

4.1( 5) If an enduring power of attorney is executed by using an electronic means of communication authorized by this section, the requirements that an enduring power of attorney be signed, dated or witnessed may be satisfied by signing, dating or witnessing the enduring power of attorney in counterpart.

4.1( 6) For the purposes of subsection (5), counterparts of an enduring power of attorney shall together constitute the enduring power of attorney.

4.1( 7) For the purposes of subsection (5), counterparts of an enduring power of attorney are deemed to be identical even if there are minor, non-substantive differences in format or layout of the counterparts.

4.1( 8) An enduring power of attorney made in accordance with this section shall include a statement that it was signed and witnessed in accordance with this section.

Wills Act

2( 1) Section 4 of the Wills Act, chapter W-9 of the Revised Statutes, 1973, is amended in the portion preceding paragraph (a) by striking out “Subject to sections 5 and 6” and substituting “Subject to sections 4.1, 5 and 6”.

2( 2) The Act is amended by adding after section 4 the following:

Attestation clause when using an electronic means of communication

4.1( 1) The following definition applies in this section.

4.1( 2) On the commencement of this section until December 31, 2022, the requirement under paragraph 4(a) that a will signed in the name of the testator by some other person is signed in the presence of the testator may be satisfied by using an electronic means of communication.

4.1( 3) During the period of time referred to in subsection (2), the requirement under paragraph 4(b) that two or more attesting witnesses are present at the time the testator signs the will or acknowledges the signature may be satisfied by using an electronic means of communication, provided that at least one witness is a lawyer who is a practising member of the Law Society of New Brunswick.

4.1( 4) During the period of time referred to in subsection (2), the requirement under paragraph 4(c) that two or more of the attesting witnesses subscribe the will in the presence of the testator may be satisfied by using an electronic means of communication, provided that at least one witness is a lawyer who is a practising member of the Law Society of New Brunswick.

4.1( 5) If a will is executed by using an electronic means of communication authorized by this section, the requirements that a will be signed or subscribed may be satisfied by signing or subscribing the will in counterpart.

4.1( 6) For the purposes of subsection (5), counterparts of a will shall together constitute the will.

4.1( 7) For the purposes of subsection (5), counterparts of a will are deemed to be identical even if there are minor, non-substantive differences in format or layout of the counterparts.

4.1( 8) A will made in accordance with this section shall include a statement that it was signed and witnessed in accordance with this section.