Can an unsigned electronic document be a will or revoke a will?

  • Yes.  If a court finds that the e-document represents the testamentary intentions of the deceased, that e-document can be given effect.

This is a change in the law in BC.  The Wills, Estates and Succession Act came into force in March 2014, so there have been no BC cases interpreting this section.  However, difficult issues will have to be addressed by the courts in the future.  What will happen when two spouses argue, one sends an email out declaring that the relationship is over and the other spouse is disinherited, then they reconcile and the email is forgotten?

The legal landscape is getting more complex, but we can help.  Contact us.