Ethical Wills: The Return of Legacy Letters in the Digital Age
October 28, 2025
Table of Contents
The old and the new
Probate is not new to estate planning. It entails going to court with a will. The court examines whether it is valid or not. It provides authority to an executor. The executor works; they clear liabilities; they distribute out property. This may be a long, drawn-out process. It sometimes proves very expensive.
Now technology is changing everything. Wills are no longer ink on paper only. We have online wills. We have electronic wills. We even think about digital wills. Laws are shifting. They are trying to catch up.
Let us explore how. And why this matters to you.
Online wills and remote signing
Online wills have become common. They are easy to access. They cost less. You answer questions on a platform. The tool generates a document. You print it. You sign it. Witnesses sign too.
All of this follows provincial rules. So yes, online wills are legal in Canada—as long as they follow provincial rules on writing, signing, and witnessing. (Epilogue Wills)
Emergency conditions pushed for changes. The pandemic made remote witnessing more pressing. In Ontario, for a time, wills were allowed to be signed via video conference. This was a temporary change. It helped people make or update wills without being in the same room.
But the rules vary. Some provinces still require wet-ink signatures. Ontario’s Accelerating Access to Justice Act allows virtual witnessing when done properly. Yet the document still needs printing and signing on paper.
In British Columbia, things moved further. Bill 21 (Wills, Estates and Succession Amendment Act) now allows completely digital wills. That means e-signatures, virtual witnessing, and online storage. BC is among the first jurisdictions in Canada to allow this.
So online wills are widespread. But full digital wills are rare–so far, only in BC.
Holographic, curative, and flexible forms
Some provinces allow odd forms of wills. These include holographic wills. They are handwritten, signed, but not witnessed. Quebec, for instance, has civil rules. But in common law provinces like Ontario, holographic wills are valid. In BC, the courts may even accept unusual formats if they reflect intent.
This shows the law can bend. It does so when intent is clear. It does so in emergencies. But it still values traditional formality.
Digital wills and digital executors
The term “digital will” can also mean a will that deals with digital assets. This includes email, social media, cryptocurrencies, online photos, digital files. These assets are part of modern life. But they are often overlooked in legal documents.
In some provinces, the executor may not have clear authority to touch these digital assets. This stems from service agreements and privacy rules. The solution to this would be to consider attentive planning of the estate, which involves clear directives. Ideally, the access rights given to the executor should be by the will or a power of attorney document.
Jurists call to introduce a digital assets clause
This includes accounts, passwords, and login specifications. It instructs the executor as to what to keep, dispose of or transfer. (Tierney Stauffer LLP)
Probate and Executors: In the digital age
Probate continues to matter. A valid will has to be proved. The executor is issued with a certificate by the court. Then the executor may act in law on behalf of the estate. Probate is still resource-intensive. It is paperwork-intensive. It may bring privacy to the open record.
Some of that can be alleviated with digital planning. For example, Ontario has started issuing electronic grants of probate. Some digital assets can be handled more efficiently. But overall, probate remains entrenched. It is still the gateway to estate administration.
Risks of going digital
Digital tools are convenient. They are also associated with dangers, though. It is easier to commit fraud in that. An e-document can be modified. Signatures may not be safe. The remote witnessing may lead to the questions of unreasonable influence. Data is susceptible to being hacked or mutilated (The Times)
Safeguards Proposed
These include secure central storage of electronic wills, linking identities to signatures, and protecting originals from tampering. Many jurisdictions are thinking about digital security. If digital wills become widespread, we will need higher standards.
- We will need secure platforms. We will need identity verification.
- We will need audit trails.
- We will need central registration.
What you should consider now
If you plan your estate today, think in layers.
- 1. Decide on the form of the will
- Is your situation simple? An online will may work.
- Are you in BC and ready to go fully digital? You can.
- Otherwise, plan for printed signing with valid witnessing.
- 2. Address digital assets
- Make a digital inventory.
- List accounts, passwords, instructions.
- Add a digital assets clause to your will or POA.
- Probate is an issue to consider
- 3. Mitigate risks
- Resort to experienced services
- Secure storage system.
- Copyright
- 4. Revise and upgrade
- Laws change
- And that is what BC is ahead now
- The other provinces may emulate
- Revise your papers frequently
A view of the future
There is such a system as a so-called Beyond Life, which provides the encrypted, cross-platform management of digital wills. It applies strong cryptography. It enables fine-grained and secure distribution of digital assets. The portal can be moved across vendors. It is a peek at the future tools.
These innovations can become mass ones. But policy and law have to evolve first.
Final thoughts
Estate planning is not stuck in the 19th century anymore. Probate stays central. But technology is reshaping how we make and manage wills. Online and electronic wills are becoming routine. Fully digital wills are emerging. Planning digital assets is a requirement. Security and privacy are important.
Forum Estates facilitates families and individuals in dealing with these changes. We help you bridge the gap between tradition and innovation. We ensure that your wishes pass the challenge of technology.
Start your e-conscious estate plan here and now.
Embrace clarity. Shield your posterity
This blog is for general information only and does not constitute legal advice. Estate laws vary by situation and jurisdiction. For guidance specific to your circumstances, please consult a qualified estate lawyer. Forum Estates is not responsible for actions taken based on this content.
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