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ARTICLE · 10 JULY 2024

Could An Electronic Will Be Probated In Ontario?

Hull & Hull LLP
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While electronic wills are not currently permitted in Ontario, it appears that it may be possible to probate an electronic will in this province as long as that will is valid elsewhere.

CanadaFamily and Matrimonial
Suzana Popovic-Montag
Suzana Popovic-Montag

While electronic wills are not currently permitted in Ontario, it appears that it may be possible to probate an electronic will in this province as long as that will is valid elsewhere.

Conflict of Laws Under the SLRA

Subsection 37(1) of the Succession Law Reform Act, RSO 1990, c S.26 provides:

37(1) As regards the manner and formalities of making a will of an interest in movables or in land, a will is valid and admissible to probate if at the time of its making it complied with the internal law of the place where:

the will was made;

the testator was then domiciled;

the testator then had his or her habitual residence ...

While this provision has not yet been interpreted by the Superior Court of Justice, it appears that subsection 37(1) opens the door so that an electronic will could be recognized as valid in Ontario. However, in order to utilize this provision, the electronic will would have to comply with the manner and formalities for making

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