Remote Witnessing Regulation

Remote Witnessing Regulation, M.R. 81/2021 The Wills Act , C.C.S.M. c. W150 Regulation 81/2021 Registered September 29, 2021 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Overview 3 Who may witness signing or acknowledgment 4 Witnessing by videoconference 5 Remote witnessing procedure 6 Witness statement 7 Deemed location in Manitoba 8 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Wills Act . («  Loi  ») "authorized person" means an authorized person listed in section 3. (« personne autorisée ») Overview 2 This regulation sets out the procedure for an authorized person to do the following, as authorized under section 4.1 of the Act: (a) witness a testator signing or acknowledging a signature on a will without being in the presence of the testator; (b) attest and subscribe a will without being in the presence of the testator. WHO MAY WITNESS SIGNING OR ACKNOWLEDGMENT Authorized persons 3 Any person may witness the signing or acknowledgment of a signature on a will without being in the presence of the testator, but one of the two or more witnesses must be a lawyer who is a member in good standing of the Law Society of Manitoba. REMOTE WITNESSING PROCEDURE Witnessing by videoconference 4 The execution of a will in accordance with section 4.1 of the Act must be witnessed by videoconference using the procedure set out in section 5. Remote witnessing procedure 5 The following steps must be taken when the execution of a will is witnessed by videoconference: STEP 1: Lawyer and other witness or witnesses are in each other's presence The lawyer acting as a witness and the one or more additional witnesses must be in each other's physical presence. STEP 2: Establish videoconference The witnesses and the testator must establish a visual and audio link that enables them to see and hear each other. STEP 3: Receive documents as proof of identity The testator and, if applicable, the person signing on behalf of the testator, must prove their identity to the satisfaction of the lawyer acting as a witness by providing (a) one piece of current government-issued photo identification; or (b) any two of the following: (i) information from a reliable source that contains the name and address of the testator, (ii) information from a reliable source that contains the name and date of birth of the testator, (iii) information that contains the name of the testator and confirms that they have a deposit account or a credit card or other loan account with a financial institution. Step 3 is not required if the testator and, if applicable, the person signing on behalf of the testator, have previously proven their identity to the lawyer. STEP 4: Confirm understanding and consent Each witness must be satisfied that the testator (a) understands the nature, content and significance of the will; and (b) is exercising their free will in signing or acknowledging the signature on the will. STEP 5: Obtain copy and view original Before the will is signed, each witness must (a) have a physical or electronic copy of the will in their possession; and (b) see each page of the original will in the possession of the testator. STEP 6: Observe signature and, if applicable, observe and hear acknowledgment Each witness must (a) observe the testator while the testator is signing the will, or (b) in the case of a will signed by another person on behalf of the testator, (i) observe the other person while they are signing the will, and (ii) observe and hear the testator acknowledging the signature or, in the case of a testator who cannot acknowledge the signature in an audible manner, observe the testator acknowledging the signature. STEP 7: Verify signature Each witness must see and verify the signature on the original will immediately after it is signed or the testator acknowledges the signature. STEP 8: Receive and verify original paper copy Each witness must receive the original will and do the following: (a) compare the original to the physical or electronic copy the witness had in their possession and confirm they are identical; (b) confirm that the document is the same document that the witness saw in the possession of the testator before the testator or other person signed it; and (c) confirm that the signature matches the one the witness observed. STEP 9: Sign original Each witness must sign and date the original will in the physical presence of the other witness or witnesses. STEP 10: Provide statement The lawyer acting as a witness must confirm, in writing, how the testator and, if applicable, the person signing on behalf of the testator, proved their identity to the lawyer. WITNESS STATEMENT Witness statement 6(1) If the execution of a will is witnessed by videoconference, the lawyer acting as a witness must state that fact in the will. 6(2) For the purpose of section 5 and subsection (1), the following witness statement may be used: SIGNED, PUBLISHED AND DECLARED by the above named Testator _____________, as and for their Last Will and Testament, by videoconference on the ______ day of _________, 20____. At that time and date we were able to see and hear the Testator subscribe their name and we were able to see and hear each other as they did so. The Testator proved their identity by means of ________________. Having received the original signed Last Will and Testament and believing it to be the document we saw the Testator sign, and now in each other's presence this ______ day of ____________, at the _______ of ________, in the ________ of _______________, we now subscribe our names as witnesses. EXECUTION IN MANITOBA Will deemed to be executed in Manitoba 7 A will the execution of which is witnessed by videoconference in accordance with this regulation is deemed to be executed in Manitoba, regardless of the physical location of the testator or the witnesses at the time of execution. COMING INTO FORCE Coming into force 8 This regulation comes into force on October 1, 2021, or the day it is registered under The Statutes and Regulations Act , whichever is later.