Electronic Wills in British Columbia

Under new amendments to the Wills, Estates and Succession Act, [SBC 2009] Ch. 13, it is now possible to have your will completed remotely in electronic presence over video-conference such as MS Teams, Zoom etc.

This new change to the legislation allows for a will to be prepared and signed in an electronic manner and for it to be stored electronically. This has benefits for remote communities or members of the public that are immunocompromised or simply do not wish to meet in person with witnesses or their lawyer. Furthermore, it does eliminate the need for storage of a physical paper copy that can be easily misplaced or damaged.

These amendments have allowed for new ways for anyone to complete their will in British Columbia, however, there are new concerns and things to consider when preparing and electronic will:

  • Revocation - different to standard will;

  • No changes can be made to elecronic wills a new one must be signed each time a change is made;

  • Concerns over storage of digital files and file degradation or corruption.

It is imperative to get advice if you are considering making an electronic will.

If you need help drafting a will or any other testamentary document, please do not hesitate to contact us.