All About Estates
By K. Thomas Grozinger
February 19th, 2025
Our lives continue to be impacted by rapid changes in technology. In an era where many aspects of daily living involve interaction with some form of electronic or digital media, even estate planning and estate administration are not immune to the developments of the Information Age.
As evidence of just how pervasive digital technology has become, a recent Saskatchewan court decision supports the view that substantial compliance legislation can (unless otherwise prohibited) be used to declare an electronic message sent from an electronic device to be the last Will of the user.
In Haines v Kuffner Estate, the Deceased, Kim Kuffner, was admitted into hospital after a fall. While in hospital, her condition worsened to the point that she passed away. Affidavit evidence indicated that the Deceased could no longer speak nor could she write because of lack of strength to hold a pen.
However, she was able to communicate with family via her iPad and, as she knew that her death was immanent, she typed (lightly tapping with stylus pen) the following message, which her sister received:
My holographic will
Rheanne Haines to be executor.
House and contents to Ryan Haines.
Balance of investments to be split 60% to Ryan Haines and 40% to Rheanne Haines. Rheanne to be pet guardian.
May 19, 2023. Kim Kuffner
