By Barbarian Law
December 10th, 2024
In today’s increasingly digital world, traditional processes are being transformed by technology, and estate planning is no exception.
While most people associate wills with paper documents and signatures, electronic wills (or “e-wills”) are emerging as a viable alternative in certain jurisdictions. This digital shift raises important questions about the future of estate planning in Ontario and whether electronic wills will become the new norm.
In Ontario, a valid will must meet specific legal requirements under the Succession Law Reform Act (SLRA). Traditionally, wills are required to be in writing and signed by the testator (the person making the will) in the presence of two witnesses, who must also sign the document. These requirements ensure the validity of the will and help prevent fraud or undue influence.
However, recent developments in technology and changes to the legal landscape are creating room for the possibility of electronic wills, where the entire process—from drafting to signing—takes place digitally.
As digital solutions continue to evolve, it’s likely that Ontario will eventually adopt more comprehensive rules surrounding electronic wills. While the current legal framework still requires physical signatures and witnesses, the trend toward virtual witnessing and remote execution of wills suggests that full digital adoption could be on the horizon.
Here’s a closer look at the current legal framework and the potential for e-wills in Ontario.
The introduction of virtual will execution in Ontario marks a significant step toward modernizing the estate planning process. While electronic wills are not yet fully embraced in the province, the future is promising. As Ontario continues to evolve, keeping pace with technological advancements will be key in offering clients more flexibility and efficiency in planning their estates.
