All About Estates
By Dave Madan
August 28th, 2025
This summer, the Montana Supreme Court had to weigh in on a modern question: can a selfie video serve as a person’s last Will? The short answer was no.
In a case that made headlines, the court rejected a man’s video-recorded “selfie Will.” Even though he clearly expressed that he wanted his brother to inherit everything, the court ruled the recording invalid because it wasn’t written, signed, or witnessed—the traditional safeguards that make a Will legally binding.
The case is a reminder that while technology is reshaping how people live, the way they pass on their legacies remains tethered to formality. Video feels compelling. It captures intent, tone, and even emotion. But in the eyes of the law, it doesn’t yet carry the safeguards that prevent fraud, ensure clarity, and give executors certainty.
Here in Canada, we’ve seen gradual movement toward modernization, but not toward video.
British Columbia has led the way, recognizing fully electronic Wills since December 2021—including electronic signatures, digital storage, and even remote witnessing. Saskatchewan followed in May 2023 with similar legislation. Alberta has studied the issue closely: the Alberta Law Reform Institute recommended reforms to permit electronic Wills, particularly text-based documents, but stopped short of endorsing video Wills. Ontario experimented during the pandemic by allowing virtual witnessing over video calls. It was a temporary measure but showed there is appetite for reform. Outside of these provinces, traditional wet-ink Wills with two witnesses remain the standard.
The takeaway is that while Canada is cautiously embracing digital estate planning, video Wills are still a step too far. And that’s probably wise for now.
A video clip can be spliced, manipulated, or even deepfaked. It can lack context. It can’t prove whether someone was under duress off-camera. The written Will—whether ink on paper or, in BC’s case, a securely stored digital file—offers a consistency and verifiability that courts can trust.
Dave Madan, Senior Manager, Scotiatrust
Stories like the Montana case can be useful teaching tools. They help illustrate that intent is only half the battle—validity is the other.
