Is It Safe to Make a Will Online in Canada?
The Question Behind the Question
People asking whether it is safe to make a Will online are usually asking two different things at once: whether the document will actually hold up, and whether their personal information is safe. Those have different answers.
The legal answer has little to do with technology. The data answer does.
Whether the Document Holds Up
An online Will is not a different kind of Will. It is a Will that is created through a guided process online instead of with a lawyer. But it is valid on the same basis as any other Will.
That means the document must be printed, signed (physically, not digitally), and witnessed according to provincial rules. British Columbia permits electronic signatures on Wills; the rest do not.
This is the step where online Wills can go wrong — not in the preparation of the document, but in the signing process. A perfectly drafted document that is never properly signed is not a Will.
Whether the Document is Complete
Wills created online are usually made on the basis of one or more template documents. This has its pros and cons.
A negative of online Wills is that they can be limited in terms of the level of customization they provide. It is not possible for a template to cover every possible scenario, so online Wills are simply not a fit for everyone. Also, online platforms cannot offer legal advice, which can only come from licensed lawyers.
On the other hand, common mistakes that can arise in lawyer-drafted Wills — human drafting errors like inconsistent names and terms — are generally less likely to appear in an online Will, as there is no person "drafting" the Will. Also, the online questionnaire is similar for everyone, meaning that things that lawyers might not ask about (for example "Who should care for your pets?") are never forgotten.
The "Original" Paper Will
This is the part most discussions of "online Will security" miss entirely.
Whatever is stored digitally, the signed paper original is the legally operative document (with the exception of an electronic Will in BC). Significant issues can arise if an executor cannot find the original, signed Will; there may even be a question as to whether or not there was a Will. If they happen to have a photocopy of the Will, they would likely have to apply to court to prove the copy — slower, more expensive, and not guaranteed to succeed.
So the practical question is not only how safely a platform stores the final document. It is whether the executor who is named in the Will knows where the signed original is kept, and can access it. A Will in a safe that nobody can open is not that helpful.
Telling the executor where the original is stored does more for the security of an estate plan than any technical control.
Where the Data Lives
Epilogue stores user data in Canada. That keeps the data under Canadian privacy law and avoids the questions that arise when personal information is held in another jurisdiction.
Access to documents is limited to the account holder. Data is encrypted in transit and at rest.
Where Online Is Not a Fit
Epilogue is explicit that it is not right for everyone, but the limits of the platform are about estate planning complexity rather than security. Some situations in which someone should not create their Will online include:
blended families
an intention to exclude a child or spouse, or to treat children unequally
significant assets held outside Canada
complex corporate interests involving shareholders' agreements or involving business succession planning
larger estates where tax planning drives the structure of the Will
situations in which there are concerns about capacity or pressure on the person making the Will
Keeping It Current
An out-of-date Will can cause several problems, as it may not reflect the Will-makers intentions or even their current family circumstances. The most common triggers for a review or update:
marriage, separation, or divorce
a birth
the death of a beneficiary, executor, or guardian
a significant change in assets
moving to another province
Epilogue includes free updates for life, which removes the usual reason people leave a stale Will in place — the cost and inconvenience of changing it. An updated Will still has to be printed, signed and witnessed in accordance with provincial rules in order to replace the old Will.
Key Points
An online Will is subject to the same legal requirements as any other Will
To be valid, it must be printed, physically signed, and witnessed; BC permits electronic Wills
The signed paper original Will is the operative document
Epilogue stores data in Canada, under Canadian privacy law
The real limits of an online Will are about estate complexity, not security
Free lifetime updates remove many common reasons why a Will goes stale
FAQ
Is a Will made online legally valid in Canada?
Yes, when executed correctly. That generally means printing the document and physically signing it in the presence of two witnesses who also sign the Will, according to the province's rules. Only British Columbia permits electronic Wills.
Does the Will need to be printed?
Yes — the signed paper document is the operative Will. BC is the only Canadian jurisdiction in which electronic Wills are permitted.
Where should the signed original be kept?
Somewhere safe and accessible to the executor. If the original cannot be located, the executor may have to apply to the court to prove a copy (if one even exists).
Is personal information safe on an online Will platform?
Data provided on the Epilogue platform is transmitted and stored in encrypted format in Canadian data centres, subject to Canadian privacy law. Account access is limited to the account holder.
Can a Will be changed after it is made?
Yes. Epilogue includes free updates for life. An updated Will has to be printed, signed, and witnessed again (according to provincial rules) to take effect.
Does moving province affect a Will?
It can, because formal requirements may differ between provinces. Reviewing the Will after a move is sensible.
When is an online Will not the right choice?
When estate planning is more complex. Situations include blended families, excluding a child or spouse, holding significant assets outside Canada, complex corporate holdings, larger estates driven by tax planning, or any concern about capacity or undue influence.
Disclaimer: Epilogue is not a law firm and cannot provide any legal advice. This article is for informational purposes only and may not cover all legal considerations. For complex estate planning needs, consult a qualified estate planning professional.
