January 10, 2022
Law Changes
Section 35.1 of the Wills, Estates, and Succession Act has been amended to make it possible for wills to be signed, witnessed, and stored electronically starting December 1, 2021.
While these amendments will provide more flexibility for wills-makers and lawyers, they also add complexity to the administration of estates. For example, a person applying for probate must now search for a will on electronic devices or in third-party databases:
The applicant must swear or affirm that the applicant is satisfied that a diligent search for a testamentary document of the deceased has been made in each place that could reasonably be considered to be a place where a testamentary document may be found, including, without limitation, ... on elecronic devices or in third-party electronic depositories used by the deceased.
Given that many people password-protect their electronic devices and services, this requirement will be difficult or impossible to fulfil for many applicants. In such cases, you may need to apply for an order waiving the obligation to search an electronic device.