How LegalWills.ca created the first electronically signed Will in Canada.

Originally published: December 1, 2021 | Last updated: December 31, 2025

LegalWills.ca made Canadian legal history by facilitating the first electronically signed Will in the country. When provincial legislation was enacted permitting electronic Wills and virtual witnessing, LegalWills.ca was ready with a complete digital Will signing system, and executed the first fully electronic Will signing ceremony within days of the legislation taking effect.

How Was the First Electronic Will Created?

The process followed the same workflow now available to all LegalWills.ca customers:

1. Will creation: The testator completed the standard guided questionnaire at LegalWills.ca, answering questions about their family, assets, beneficiaries, executor appointment, and other estate planning decisions
2. Document generation: The system generated a legally compliant Will document in digital format

How Was the Signing Ceremony Conducted?

The electronic signing ceremony was conducted through the LegalWills.ca Video Signing Room (VSR):

1. Scheduling: The testator scheduled the signing session and invited two eligible witnesses

2. Video session: All three parties, the testator and two witnesses, joined the secure Video Signing Room. Each participant’s identity was verified on camera.
3. Electronic signing: The testator applied their electronic signature to the Will document while both witnesses observed via the video connection
4. Witness signatures: Both witnesses then applied their electronic signatures, completing the execution ceremony

The entire process, from joining the video call to completing all signatures, took approximately 15 minutes. This compares to the traditional process of printing, arranging an in-person meeting with witnesses, signing, and then finding a commissioner of oaths for the Affidavit of Execution.

What Is the Compliance Audit Certificate?

After the signing ceremony, the system automatically generates a compliance audit certificate. This document serves as the electronic equivalent of an Affidavit of Execution and records:

• The identities of all participants (testator and witnesses)
• The date, time, and duration of the signing session
• Confirmation that all provincial legal requirements were met
• A record of the audio-visual connection throughout the ceremony
• The electronic signatures of all parties

The compliance certificate provides robust evidence of proper execution; arguably stronger than a traditional Affidavit of Execution, because it captures the entire ceremony in real time rather than relying on a witness’s memory after the fact.

How Is the Signed Will Stored?

The electronically signed Will is encrypted and stored in the testator’s MyVault, a secure online document storage system. Key features include:

• End-to-end encryption: The document is protected against unauthorized access
• Keyholder system: Designated individuals (typically the executor) can request access after the testator’s death or incapacity
• Tamper protection: The signed document cannot be altered after execution, any modification would invalidate the electronic signatures
• Permanent storage: The document remains accessible as long as the account is active

Why Is This Milestone Important for Canadians?

The first electronic Will in Canada represents a significant shift in estate planning accessibility:

1. Geographic barriers removed: Canadians in remote or rural areas no longer need to find local witnesses or travel to a lawyer’s office. Anyone with internet access can complete the entire process from home.
2. Mobility limitations addressed: Elderly or disabled individuals who have difficulty arranging in-person meetings can now sign their Will from their home or care facility.
3. Speed and convenience: The traditional process of printing, scheduling, meeting, signing, and notarizing can take days or weeks. Electronic signing takes 15 minutes.
4. Stronger evidence of execution: The video recording and compliance certificate create a more comprehensive record than traditional paper-based execution, potentially reducing Will challenges.
5. Secure storage solved: The MyVault system addresses one of the oldest problems in estate planning; ensuring your Will can be found after your death. Combined with the Canada Will Registry, it provides a comprehensive safety net.

What Provinces Currently Allow Electronic Wills?

As of 2025, the following provinces permit electronic Wills:

• British Columbia; permanent provisions under WESA amendments
• Ontario, permanent provisions since 2022
• Saskatchewan, provisions under review

Other provinces are expected to follow as the legal framework for electronic documents continues to modernize across Canada. In provinces that have not yet enacted electronic Will legislation, the traditional print-sign-witness process remains required.

Frequently Asked Questions

Can anyone use the electronic signing feature?

The electronic signing feature is available to LegalWills.ca customers in provinces that permit electronic Wills. If your province has not yet enacted enabling legislation, you should print and sign your Will traditionally.

Is an electronically signed Will as valid as a paper Will?

Yes, in provinces that permit electronic Wills. The legislation explicitly provides that an electronically signed Will has the same legal effect as a traditionally signed paper Will.

What if I want both an electronic and paper version?

You can sign electronically and also print a paper copy for backup. However, be careful about having two signed versions, only one should be treated as the original to avoid confusion. Consult the LegalWills.ca guidance for your province.