Saskatchewan recently introduced legislation allowing for wills in electronic form.
Previously, wills needed to be written on paper with a “wet ink” signature. This new change will allow for the option of either:
- a holograph will
- a paper will with a “wet ink” signature
- a digital/electronic will
This article will explore the need-to-know information surrounding the new changes with respect to the introduction of electronic wills in Saskatchewan.
How soon can I make an electronic will?
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The bill introducing these changes (Bill No. 110 — The Wills Amendment Act, 2022) received royal assent May 17, 2023. This is one of the last steps in the law-making process before a bill becomes law. The final stamp of approval on the bill comes from the lieutenant governor.
The new legislation surrounding electronic wills will come into effect when the lieutenant governor issues an order. As of the time of writing this article, an order has yet to be issued.
Regulations, which are rules that help enforce the legislation, have also not been issued. As a result, there are still a few steps to be completed before electronic wills become a valid form of will in Saskatchewan.
What is an electronic will and what will it look like?
An electronic will is just like any other will except created and stored in an electronic version.
The essential difference between electronic wills and the current rules surrounding wills in Saskatchewan is there is no “wet ink” signature on paper.
Previously, the Wills Act, 1996, which is the governing legislation for making wills in Saskatchewan, required a will to be in writing and signed in “wet ink” by the testator, the person making the will.
The new changes introduced by the Wills Amendment Act, 2022, provide for the option of creating a will in electronic form, meaning a digital or otherwise intangible form of storage, and signed with the electronic signature of the will maker.
It is important to note that an electronic will still requires two witnesses, but they are also permitted to “sign” the will with their electronic signature.
How do I sign an electronic will?
The changes provide that a will can be signed by the will maker and witnesses with an electronic signature, which is any information in electronic/digital form that an individual uses to sign a document. For example, this type of will could be signed using DocuSign and saved as a PDF on the will-maker’s computer hard drive.
Is an electronic will different that a holograph will?
A holograph will, which is allowed for by the current legislation, is a will wholly in the handwriting of the will maker and signed by the will maker. Unlike a formal will, there is no requirement for witnesses in a holograph will. Essentially, a holograph will is a simple handwritten document. It is important to note that the changes to the legislation do not permit a holograph will to be in digital/electronic form.
What if I want to revoke or change my electronic will?
Previously, the legislation allowed for changes to be made to a will without having to make a whole new will. This is not the case with electronic wills.
If you wish to change your electronic will you must make a whole new will. If you want to revoke an electronic will, you have the following options:
- You can make a written declaration revoking the will, which does not have to be in electronic form.
- You can delete all or part of the electronic will from the computer.
- You can make a new will.
However, the new changes also make sure that an accidental deletion of all or part of the will is not evidence of an intention to revoke the will.
Key takeaways
Electronic wills are certainly a new frontier in Saskatchewan. For those making them, it is still important that they comply with the formal requirements for an electronic will to ensure their will is valid.
Key takeaways include:
- An electronic will is like any other will — just electronic. The will must still follow the formal requirements of the legislation but can exist and be signed completely electronically (no “wet ink” needed).
- An electronic signature is anything in electronic/digital form that a person uses to sign a document.
- A holograph will cannot be electronic.
- If you want to change your electronic will you must make a whole new will; you cannot simply amend it.
- If you want to revoke your electronic will you can write a declaration revoking it (electronically or on paper) or delete all or part of the will from the computer.
- These new changes are not yet law. Before an electronic will can be valid in Saskatchewan, the lieutenant governor must issue an order.
Nick Kane is a law student and summer student with Stevenson Hood Thornton Beaubier LLP in Saskatoon. He can be contacted at office@shtb-law.com. The information in this article is not legal advice. We encourage you to consult with your legal adviser for advice specific to you.
