To round out our comments on changes to the law relating to Ontario wills, a brief note on electronic wills.
And it is very brief, because amongst the changes to estates law in Ontario, the government specifically stated that electronic wills are not allowed.
The continuing requirement for physical signatures (sometimes called “wet” signatures) often surprises people given how common digital signatures have become in other areas of our lives.
In Canada, only British Columbia permits digital wills. The B.C. legislation allows wills to be created, signed and stored electronically. The B.C. legislation came into force in December 2021, just a few weeks before Ontario’s legislation was amended to confirm that digital wills are not allowed in Ontario.The good news is that while we still need pens and paper to create valid Ontario wills, they can be signed during a virtual meeting.