Electronic Wills in Ontario: What’s Allowed (and What Still Isn’t)

Reviewed by Karim Eshqoor, Lawyer, Barbarian Law® (LSO #83032R)

People searching “electronic will Ontario” often mean two different things: a paperless will signed and stored only digitally, and a will signed with wet ink while witnesses attend by video. Ontario law treats those differently. Fully electronic wills are not authorized. Remote (virtual) witnessing is — with strict conditions.

Barbarian Law® drafts and executes wills and powers of attorney for clients in Aurora, York Region, and the GTA under the rules that apply today. If you need a valid will now, start at our wills page and what happens without a will.

What does Ontario require for a valid will?

Under the Succession Law Reform Act (SLRA), a formal will must generally be in writing and signed by the testator in the presence of two witnesses, who also sign. Those rules exist to reduce fraud and undue influence — not to preserve paperwork for its own sake.

Ontario’s Electronic Commerce Act, 2000 excludes wills and codicils from its electronic-document rules (s. 31(1)), so it does not create a paperless alternative to SLRA formalities. Do not assume an e-signature platform or PDF “sign here” flow creates a valid Ontario will.

Is virtual witnessing the same as an electronic will?

During COVID, Ontario allowed wills to be witnessed by audio-visual technology so people could sign without gathering in one room. That path was later made permanent, with safeguards. It is remote witnessing of a traditional written will — not a fully digital will.

In plain terms, remote witnessing under the SLRA typically requires all of the following:

1. Contemporaneous audio-visual attendance — the testator and witnesses participate together in real time by AV technology
2. Wet-ink signatures on counterparts — each person signs a counterpart in ink; the counterparts together constitute the will
3. At least one witness is a Law Society licensee — a lawyer or paralegal in good standing

Miss the formalities and you risk an invalid will — which, for practical purposes, is the same as having none. Ask counsel how your signing will be run (in person vs. remote) before you book a video call and print three copies yourself.

Process and current flat fees for drafting and execution are on fees and the Will and POA instructions page.

Are fully electronic wills legal in Ontario?

Some other jurisdictions — for example British Columbia, and certain U.S. states — have legislation that allows wills to be created, signed, and stored electronically without a wet-ink original. That is other law, not Ontario law. It is useful context only. It is not a prediction that Ontario will follow, and it is not authority you can rely on for an Ontario estate.

Fully electronic wills may offer convenience in places that authorize them. They also raise fraud, security, and authenticity issues that those jurisdictions try to manage by statute. Ontario has not adopted that model. Until the legislature says otherwise, plan for a written will with wet-ink execution — in person or, where appropriate, by compliant remote witnessing.

Can a court save a will that misses the formalities?

For deaths on or after January 1, 2022, section 21.1 of the SLRA lets the Superior Court of Justice declare a document valid as a will, even though it was not signed and witnessed properly, if the court is satisfied it sets out the deceased’s testamentary intentions.

In Gebremariam v. Menghesha, 2026 ONSC 54, the court used section 21.1 to validate an electronic document the deceased had emailed to his sister. The court held that the Electronic Commerce Act stops a will from being created or executed electronically, but does not stop a court from validating one afterward.

Treat this as a safety net, not a plan. A validation application is a court process with legal costs, delay and no guaranteed result for your family. A properly executed will avoids all of it.

How much does a lawyer-drafted will cost?

What should you do now?

Do not wait for a future e-will statute. If you live in York Region or the GTA and need estate documents that work under current Ontario rules:

• Put a valid will in place, properly witnessed
• Complete both powers of attorney — Property and Personal Care (both POAs)
• Ask whether your signing will be in person or remote, and follow counsel’s counterpart / wet-ink instructions
• Do not use consumer e-signature tools or “online will” apps as a substitute for SLRA formalities

How we work: how to make a will in Ontario. Service hub: wills. Published rates: fees.

Business owners coordinating wills with share structure or holding companies can also use our corporate and commercial practices. Recent homebuyers updating estate documents after closing may want real estate and wills handled in the same firm.

Frequently asked questions

Next step

Ready to execute under today’s rules — in person or, where appropriate, by compliant remote witnessing? Contact Barbarian Law in Aurora. Bring questions about witnesses, counterparts, and timing; we will tell you what the file requires.

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This article is general information about Ontario law, not legal advice, and reading it does not create a lawyer-client relationship. Every situation is different; speak with a lawyer about yours.