Attestation clause when using an electronic means of communication
2020, c.31, s.2
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)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)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)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.
2020, c.31, s.2; 2022, c.46, s.2