Are online wills legal in Canada?

The short answer

Canadian law cares about what your will says and how it's signed, not about who typed it. A will drafted with an online service, a kit, a word processor or a lawyer is valid if it meets the legal requirements where you live. Most online services, including VeeWill, prepare a document that you print, then sign in front of witnesses, the same way as a will prepared by a lawyer.

What makes it valid

For a typed will, the requirements are similar across most of Canada: you must be an adult with the mental capacity to make a will, it must be in writing, and you must sign it in front of two witnesses who are present at the same time and who then sign it too. Choose witnesses who don't inherit anything under your will and aren't married to someone who does.

Québec recognizes three forms of will: notarial, holograph (handwritten) and made before witnesses. A will prepared online and signed before witnesses is valid there too, but after death it must be verified (probated) by the Superior Court or a notary, unlike a notarial will.

Signing by video

Some provinces now allow witnesses to take part by video, under specific conditions. In Ontario, a will can be witnessed using audio-visual technology if at least one of the witnesses is a licensed lawyer or paralegal. British Columbia changed its law to allow witnessing by people who are in different locations. Rules differ elsewhere, so if you can't sign in person, check your province's requirements before you rely on video.

Fully electronic wills

A fully electronic will, one that's created, signed and kept only in digital form with no paper original, is a newer idea. British Columbia changed its law so that courts can accept wills created on a computer and signed electronically, with no printed copy. In many provinces, a will still needs to be on paper with handwritten signatures. Unless you know your province accepts electronic wills, print your will and sign it on paper.

Common mistakes to avoid

• Not signing it. A will that's filled in online but never printed and signed isn't a valid will.
• Signing with only one witness, or with witnesses who sign at different times.
• Using a beneficiary as a witness, which can cost them their gift.
• Losing the original. Executors usually need the signed original, not a copy or a PDF.
• Never updating it after marriage, separation, children or a move.

When an online will may not be enough

Online wills suit most people with straightforward situations. Consider a lawyer or notary if you own a business, have property in another country, want a trust for a family member with special needs, expect a dispute, or have doubts about your capacity or about pressure from others.