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Executing and Storing Wills Electronically Today – Analysing the Current Risks and Opportunities

August 26, 2026 | Talon Regent

I frequently find myself asking, “why am I not executing and storing wills electronically?”

Wills signed and stored electronically are superior in virtually every way as compared to physical wills. A few key considerations include:

  • Electronic execution removes geographic and physical barriers. Clients in remote communities, care facilities, or abroad can finalize wills without travel or other logistical hurdles. This is a significant advantage in Saskatchewan, where rural access to legal services is a persistent challenge.
  • Digital processes reduce administrative overhead. No printing, scanning, or courier delays translates into streamlined workflows and improved client satisfaction.
  • No longer having to spend money on storage units full of 40-year-old wills means reduced wait times for clients seeking copies and saves firms significant amounts of time pulling files. Sure, a lawyer can send their client home with the original physical will rather than incur storage costs, but that simply increases the likelihood that the will is lost, accidentally destroyed, or fraudulently altered in some way.
  • Digital signatures can be authenticated via multi-factor authentication, encryption, meta-data attached to the document, and other techniques. The cost to authenticate an electronic will can be significantly easier and cheaper than a physical will.
  • Electronic wills can be stored in multiple locations allowing one copy to be compared as against another copy to ensure there has been no tampering.
  • Remote witnessing becomes significantly more streamlined when everyone is signing via DocuSign, AdobeSign, AuthentiSign, etc. rather than mailing documents around and scheduling a multiplicity of meetings.

It is true that electronic wills are not a panacea. There are certain risks and inefficiencies that cannot simply be remedied through the use of electronic wills. For example, diminished capacity and undue influence concerns cannot be resolved through the adoption of electronic wills. However, if electronic wills are executed and stored properly, they hold significant advantages over physical wills without any new disadvantages arising.

Indeed, the risks associated with electronic wills are primarily in relation to lawyers’ competence (e.g. leaving the will storage database vulnerable to hackers or ransomware). These risks are easily mitigated with a few good-quality CPD sessions and the use of appropriate software.

With all the above, what is holding me back from executing and storing wills electronically? The obvious answer to those working in this space is legislative. Simply put, an electronic will is not a presumptively valid will pursuant to s. 7 of The Wills Act, 1996.

Frustratingly, this could have been addressed in 2001 with the introduction of The Electronic Information and Documents Act, 2000 except that they specifically excluded Wills, land title transfers, and a few other niche documents. For 25 years, multi-billion-dollar contracts have been signed electronically, but the technology is deemed too unsafe for wills. Surely, we have enough evidence of electronic signatures’ superiority by now.

That is almost the case…

In November of 2022, the Government of Saskatchewan introduced Bill 110, then styled as An Act to amend The Wills Act, 1996. Bill 110 received royal assent on May 17, 2023 and was enacted as The Wills Amendment Act, 2023, modernizing The Wills Act, 1996 to accommodate electronic wills. Key provisions include:

  • Electronic Form: A will may exist in electronic format, provided it is readable as text and capable of retention for future reference.
  • Electronic Signatures: The testator can sign electronically, witnessed by two individuals (one must be a lawyer), who also sign electronically.
  • Remote Witnessing: Building on pandemic-era measures, virtual witnessing is now permanent.

Importantly, the Ministry of Justice has not completed the Regulations nor has the Lieutenant Governor in Council proclaimed the changes in force. Electronic wills are still not presumptively valid pursuant to The Wills Act, 1996. The Ministry is still in the consultation phase and is watching British Columbia closely to see how its electronic will legislation works in practice. I suspect it will be several more years before The Wills Amendment Act, 2023 comes into force (and I would be happy to be proven wrong).

Luckily, that is not the end of the story.

The decision in Haines v Kuffner Estate, 2024 SKKB 51 (CanLII), <https://canlii.ca/t/k3zf7> illustrates common sense in the digital age. The deceased typed testamentary intentions on an iPad and sent them electronically to a family member. Though the document failed to meet formal statutory requirements, the Court admitted it to probate under the “substantial compliance” provision under s. 37 of The Wills Act, 1996, emphasizing clear testamentary intent.

While this was a logical outcome given the test laid out in s. 37, having a precedent in place may bolster laypeople’s confidence to execute and store their wills electronically going forward, regardless of what lawyers are doing.

What would happen if a lawyer started incorporating electronic execution and storage of wills into their workflow? That lawyer would necessarily have to incorporate an application pursuant to s. 37 of The Wills Act, 1996 into their workflow as well. Drafting the s. 37 application and corresponding affidavit could be fully automated and prepared at the same time as the will, much like how an Affidavit of Execution is prepared and signed contemporaneously. Humorously, the Court would take no issue with the electronic execution of the application and affidavit. For good measure, the lawyer may also want to slip in a “client acknowledgment of s. 7 non-compliance”, just in case any later allegations of substandard legal representation should arise.

The two costs added to the workflow would be the court filing fee and the slight delay while awaiting a judicial finding of substantial compliance. It could be that these additional costs are offset by the many benefits of an electronic will. Plus, these costs would only be incurred for those clients unlucky enough to pass away prior to The Wills Amendment Act, 2023 coming into force.

Electronic wills are not a threat to tradition; they are an evolution. They enhance access to justice, reduce litigation risk, and align Saskatchewan with national and international trends. For lawyers, embracing this change means staying competitive, being responsive to client needs, and adopting best practices before they are strictly required by regulations.

Given the current legal landscape, do you see opportunity in executing and storing wills electronically today, or do you see a Law Society complaint waiting to happen? When The Wills Amendment Act, 2023 comes into force, do you plan to make the switch to electronic wills right away, or will you wait for additional precedent?

Disclaimer: This article is (mostly) tongue-in-cheek. When considering how you may wish to adapt your own practice, please consider the impact of the additional strain on court staff and resources resulting from the addition of a s. 37 application to every probate application submitted across the province.

Talon Regent is a partner with Stringham Law where his practice focusses on Real Estate, Wills & Estates, and Corporate Law. He is an active member of the Technology & Innovation Committee for CBA-SK.