Are Online Wills Legal in Canada?

In today’s digital age, many services have moved online, offering convenience and accessibility. Among these services, online wills have become increasingly popular. But you might be wondering: Are online wills legal in Canada? The short answer is yes, but there are important considerations to ensure they meet legal requirements.
Understanding Wills in Canada
A will is a legal document that outlines how your assets will be distributed after your death. It also allows you to appoint an executor to manage your estate and guardians for minor children. For a will to be legally binding in Canada, it must meet certain criteria set out by provincial and territorial laws.
Legal Requirements for Wills
While specific requirements can vary slightly between provinces and territories, generally, a valid will in Canada must:
Be in Writing: A will must be a written document. This can include printed documents or handwritten ones (holographic wills).
Be Signed: The will must be signed by the testator (the person making the will) in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator and each other.
Be Made Voluntarily: The testator must have the mental capacity to make the will and must do so voluntarily, without undue influence or coercion.
The Rise of Online Wills
Online wills have become popular due to their convenience and affordability. They allow individuals to create a will from the comfort of their home without needing to visit a lawyer.
Are Online Wills Legal?
Yes, online wills are legal in Canada, provided they meet the legal requirements outlined above. It’s important to distinguish between the will’s creation process and its execution. While the creation of the will can be done online, the execution (signing and witnessing) must adhere to provincial or territorial laws. That likely means printing out the Will (taking it offline) and signing the physical document according to the rules of your province.
Steps to Ensure Your Online Will is Legal
Choose a Reputable Service: Select a reputable online will service that complies with Canadian laws. Look for services with positive reviews, transparent processes, and legal expertise.
Follow Instructions Carefully: Online will services typically provide detailed instructions. Follow these instructions closely to ensure your will meets all legal requirements.
Sign and Witness Properly: The key to a legal will is proper execution. Print the final document and ensure it is signed by you and witnessed by two individuals who are not family members or beneficiaries.
Store Your Will Safely: Keep the original signed and witnessed will in a safe place. Inform your executor and loved ones of its location. Some online services offer storage options or provide recommendations.
Provincial Variations and Special Considerations
While the basic requirements for wills are consistent across Canada, there are some provincial variations:
Holographic Wills: Some provinces, such as Quebec, recognize holographic wills (entirely handwritten and signed by the testator) without the need for witnesses.
Electronic Wills: British Columbia now allows for electronic wills and remote witnessing, reflecting the shift towards digital solutions. Other provinces may follow suit, so it’s important to stay updated on local laws.
Notarized Wills: In Quebec, notarial wills are another option, created and stored by a notary. These do not require witnesses and are automatically considered valid.
Potential Pitfalls and Limitations
While online wills offer convenience, they may not be suitable for everyone, especially in complex situations such as:
Blended Families: If you have children from previous relationships, the distribution of assets can be complicated.
Significant Assets: Large estates with multiple properties, investments, or business interests may require detailed legal planning.
Special Needs Beneficiaries: If you have dependents with special needs, you may need specific provisions to ensure their long-term care.
In such cases, consulting a lawyer or estate planning professional is advisable to ensure your will accurately reflects your wishes and complies with legal standards.
Conclusion
Online wills are a legal and viable option for many Canadians, offering a convenient and cost-effective way to ensure your estate is managed according to your wishes. However, it’s crucial to follow the proper steps and meet all legal requirements. By choosing a reputable service and adhering to provincial laws, you can create a valid online will that provides peace of mind for you and your loved ones.