Author Archives: Matthew Mazurek

About Matthew Mazurek

Matthew is legal counsel with the Alberta Law Reform Institute (ALRI)

Electronic Wills, Electronic Signatures, and Emojis

By: Matthew Mazurek

Report Commented On: Alberta Law Reform Institute, Creation of Electronic Wills, Final Report 119

PDF Version: Electronic Wills, Electronic Signatures, and Emojis

On October 19, 2023, the Alberta Law Reform Institute published Final Report 119, Creation of Electronic Wills. In it, we recommend that the Wills and Succession Act, SA 2010, c W-12.2 (WSA) should explicitly permit electronic wills. To do this, the rules for the creation of electronic wills should largely mirror the formalities for a paper will. These formalities have been in use for centuries and seem to suffice for our probate system. The traditional wills formalities can be used in the electronic medium. In fact, similar formalities have been used in the electronic medium in other legal contexts. More specifically, we recommend that formal electronic wills should be:

  • readable as electronic text;
  • signed by the testator using an electronic signature; and
  • signed by two witnesses, who are both present at the same time for the testator’s signature, using an electronic signature.

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Reforming Family Maintenance and Support for Children: Bridging Gaps, or Unduly Restricting Testamentary Freedom?

By: Matthew Mazurek

 PDF Version: Reforming Family Maintenance and Support for Children: Bridging Gaps, or Unduly Restricting Testamentary Freedom?

Report Commented On: Alberta Law Reform Institute, Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Report for Discussion 34 (3 November 2020)

ALRI is seeking feedback on Report for Discussion 34 before making final recommendations. Anyone can give feedback by completing a short survey before January 31, 2021.

When a second family in Alberta separates, a child may seek support from a person who stands in the place of a parent under the Family Law Act, SA 2003, c F-4.5. However, when a person who stands in the place of a parent dies in an intact second family, a child in need is prevented from seeking support from that person’s estate under the Wills and Succession Act, SA 2010, c W-12.2 (WSA). From a child’s perspective, there is little difference between a parent and a parent-like adult separating and the death of one partner. In either circumstance, the child has lost a source of emotional, intellectual, and financial support. Excluding some children in second families from accessing support while providing it to others may not make for prudent policy in today’s legal system. This is what we mean in our Report for Discussion 34 when we say that there may be a gap in the law for the purposes of support for children in Alberta. Should this difference persist in the law as a nod to the testamentary freedom of individuals? Should the gap be bridged by reform to the WSA? Report for Discussion 34 reviews the existing law, analyzes arguments for and against reform, and makes preliminary recommendations.

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