Is an electronic or digital will valid in Ontario?

Ontario has taken steps toward recognizing electronic wills. Temporary pandemic-era rules allowed for remote witnessing by video, and Ontario subsequently moved to make certain electronic will provisions permanent, though the specific rules continue to evolve. As of recent years, Ontario has worked toward enabling wills signed electronically with remote witnesses under prescribed conditions.

However, the general rule remains that an electronic will — one that exists only as a digital file — requires careful attention to meet Ontario's execution requirements. The signature must be authenticated in a way the courts will recognize, and the witnessing must comply with whatever rules are in effect at the time of signing.

If you have a will stored only as a digital document (for example, a PDF you signed with an electronic signature), its validity may depend on whether it was executed in strict compliance with any applicable electronic will regulations. This is an area where the law is still developing in Ontario, and relying on a digital will without legal advice carries risk.

For certainty, a traditionally signed paper will or a holograph will currently remains the most straightforward path to a valid will in Ontario.