Alberta Law Reform Institute - CREATION OF ELECTRONIC WILLS 119 2023

If the testator and the witnesses are connected virtually, the will is executed according to the remote witnessing protocols set out in the Uniform Wills Act. [...] Finally, it should be noted that the uniform provisions issued by the ULCC address both the creation of electronic wills and the alteration and revocation of electronic wills. [...] 75 RECOMMENDATION 6 The Wills and Succession Act should provide that an electronic signature qualifies as a valid signature for the purposes of an electronic will, regardless of whether the electronic signature has a specific physical location within the electronic will, by adopting section 2(1) of the Uniform Act. [...] [4] In 2020, the Uniform Law Conference of Canada [ULCC] released amendments to the Uniform Wills Act [Uniform Act].3 These amendments govern the creation of electronic wills and the ULCC’s position is that they are suitable for implementation in wills statutes across Canada. [...] Uncertainty [7] There are three different types of wills permitted under the WSA: Formal Will: In order to create a valid formal will, it must be in writing, signed by the person making the will, and signed by two witnesses.4 Holograph Will: In order to create a valid holograph will, it must be entirely in the handwriting of the person making the will and be signed by the person making the wil.