Changing, Revoking or Storing an Electronic Will in BC

An electronic will is valid in British Columbia, but it does not behave like a paper will once it is signed. You cannot pencil in a change, and deleting the document is a less tidy way to cancel it than it sounds.

Here is what the Wills, Estates and Succession Act (WESA) says about changing and revoking an electronic will, and how to store the signed original so your executor can use it.

Changing an electronic will means making a new will

With a paper will, WESA allows an alteration if you and your witnesses sign next to the change (section 54). That route is closed for electronic wills. Section 54.1 says a will-maker who wants to alter an electronic will must make a new will in accordance with section 37, and confirms that section 54 does not apply to an electronic will.

So typing a new clause into the signed document is not a valid way to change the will. It can also make things worse: the edited version is no longer the will in the form it was signed, and your executor may face questions about which version counts. A court can sometimes give effect to a non-compliant document under section 58, but only on an application supported by evidence. If your plans have changed, sign and witness a new will with the same formalities as the first. Our guide to electronic wills and remote witnessing sets out those formalities.

How an electronic will is revoked

Section 55.1 lists the only ways an electronic will, or part of one, is revoked:

• Deleting it. You, or someone in your presence and at your direction, delete one or more electronic versions of the will with the intention of revoking it.
• Destroying a paper copy. You, or someone in your presence and at your direction, burn, tear or destroy all or part of a paper copy of the will, in the presence of a witness, with the intention of revoking all or part of the will.
• A later will or a written declaration. A later valid will, or a written declaration that revokes the will, can also revoke it (section 55(1)(a) and (b), applied by section 55.1(1)(c)). The declaration may be in electronic form and signed with an electronic signature (section 55.1(2)).
• Another act the court accepts. A court can treat another act as a revocation under section 58 if the consequence of the act is apparent and it was done with your intention to revoke.

Section 55.1(3) adds that an inadvertent deletion of one or more electronic versions is not evidence of an intention to revoke the will. That matters if a document is deleted by mistake or lost in a device failure.

Why deleting the document is a risky way to revoke

Deletion is permitted, but it leaves room for doubt. Electronic documents tend to multiply: an email attachment, a cloud backup, a copy on a second device. Section 55.1 speaks of deleting one or more electronic versions with the intention of revoking, but it does not spell out how a surviving copy should be treated, and your intention becomes a question of evidence after your death.

The clearest way to revoke an electronic will is usually to sign a new will that expressly revokes earlier wills, or a written declaration of revocation, and to keep a record of what you did. If you also delete the old will, delete every copy you control.

Storing an electronic will: protect the original

For probate, the form of the document matters. Under the Supreme Court Civil Rules, an electronic will is in its original electronic form if it is in the electronic form in which it was first saved after being signed; any other form is a digital reproduction (Rule 25-1(7)). Your executor must file the will in its original electronic form if that original exists, and extra affidavits are needed when the original was not first saved as a PDF or is kept by an outside online service (Rule 25-3(3)).

People who receive notice of the probate application can also demand the will in its original electronic form, or access to it, and the executor must provide it within 7 days of the demand (Rule 25-2(1.2) to (1.4)). A few habits make that possible:

• Save once and leave it alone. Re-saving, converting or editing the signed document can turn it into a digital reproduction.
• Keep identical backups. The Province's explanation of the 2021 probate rules says more than one original can exist if the copies are unaltered and in the same format.
• Make it findable. Executors must search the electronic devices and third-party electronic repositories the deceased used (Rule 25-3(14)). Leave clear written instructions on where the will is and how to get into the device or account.
• Plan for access. A will locked on a phone no one can open, or in an account that closes after your death, can delay the estate or leave your executor working from a copy. The problems then look much like those in our guide to a lost original will.
• Consider professional safekeeping. Some people ask their lawyer to keep the signed original and a record of how it was signed and witnessed.

Can you file a wills notice for an electronic will?

WESA allows a notice to be filed with Vital Statistics recording where your will is kept, and later notices if the will is revoked or moved (sections 73 to 75). The Province's Wills Registry page says Vital Statistics does not keep a copy of your will or record any information about its contents. Neither that page nor the Vital Statistics eWills site addresses electronic wills specifically; both describe the notice as recording where a will is kept. Filing or not filing a notice does not affect whether a will, or a revocation, is valid (section 78). Our guide to the BC wills registry explains how notices and searches work.

Review your will when life changes

Marriage, separation, a new child, a move or a change in your assets can all mean your will no longer fits. With an electronic will, the answer is always a new, properly signed will rather than an edit. Our guide on when to update your will lists the events to watch for, and our guide to making a valid will in BC covers the signing rules.

Made an electronic will? Make sure it can be found and proved

Our wills and estate planning lawyers can review your electronic will, prepare a new will when your plans change, and advise on keeping the signed original in a form your executor can use.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.