Saskatchewan recently introduced legislation allowing for wills in electronic form. Previously, wills needed to be written on paper with a “wet ink” signature. This new change will allow for the option of either: (1) a holograph will (to be discussed below); (2) a paper will with a “wet ink” signature; or (3) a digital/electronic will. This article will explore the need-to-know information surrounding the new changes with respect to the introduction of electronic wills in Saskatchewan.
How soon can I make an electronic will?
The bill introducing these changes (Bill No. 110 – The Wills Amendment Act, 2022) received Royal Assent on May 17, 2023. This is one of the last steps in the law-making process before a bill becomes “law”. The final stamp of approval on the bill comes from the Lieutenant Governor of Saskatchewan. The new legislation surrounding electronic wills will come into effect when the Lieutenant Governor issues an order. As of the time of writing this article, an order has yet to be issued. Regulations, which are rules that help enforce the legislation, have yet to be issued either. Thus, there are still a few steps to be completed before electronic wills become a valid form of will in Saskatchewan.
What is an electronic will/what will electronic wills look like?
An electronic will is just like any other will – but stored/created in an electronic version. The essential difference between electronic wills, and the current rules surrounding wills in Saskatchewan, is there is no “wet ink” signature on paper. Previously, The Wills Act, 1996 (the “Act”) (the governing legislation for making wills in Saskatchewan) required a will to be in writing and signed (in “wet ink”) by the testator (the person making the will). The new changes introduced by The Wills Amendment Act, 2022 provide for the option of creating a will in electronic form (meaning a digital, or otherwise intangible form of storage) and signed with the electronic signature of the will maker. It is important to note that an electronic will still requires two witnesses – but those witnesses are also permitted to “sign” the will with their electronic signature.
How do I sign an electronic will?
The changes provide that a will can be signed by the will maker (and witnesses) with an electronic signature. An electronic signature is any information (in electronic/digital form) an individual uses to sign a document. For example, this type of will could be signed using “DocuSign”, and saved as a “PDF” on the will-maker’s computer hard drive.
Is an electronic will different that a holograph will?
A holograph will (allowed for by the current Act) is a will wholly in the handwriting of the will maker and signed by the will maker. Unlike a formal will, there is no requirement for witnesses in a holograph will. Essentially, a holograph will is a simple handwritten document. It is important to note that the changes to the legislation do not permit a holograph will to be in digital/electronic form.
What if I want to revoke/change my electronic will?
Previously, the Act allowed for changes to be made to a will without having to make a whole new will. This is not the case with electronic wills. If you wish to change your electronic will you must make a whole new will. If you want to revoke an electronic will, you have the following options: (1) you can make a written declaration revoking the will, (which does not have to be in electronic form); (2) you can delete all or part of the electronic will from the computer; or (3) you can make a new will. That said – rest assured – the new changes make sure that an accidental deletion of all or part of the will is not evidence of an intention to revoke the will.
Key takeaways:
Electronic wills are certainly a new frontier in Saskatchewan. Perhaps, the new changes will make estate planning more accessible and convenient. That said, for those making electronic wills it is still important that will makers comply with the formal requirements for an electronic will to ensure their will is valid. Key takeaways include:
- An electronic will is like any other will – just electronic. The will must still follow the formal requirements of the Act, but can exist and be signed completely electronically (no “wet ink” needed);
- An electronic signature is anything in electronic/digital form a person uses to sign a document;
- A holograph will cannot be electronic;
- If you want to change your electronic will you must make a whole new will – you cannot simply amend it;
- If you want to revoke your electronic will you can write a declaration revoking it (electronically or on paper) or delete all or part of the will from the computer; and
- These new changes are not yet law – before an electronic will can be valid in Saskatchewan, the Lieutenant Governor of Saskatchewan must issue an order.
Nick Kane
Law Student and Summer Student
STEVENSON HOOD THORNTON BEAUBIER LLP
500 – 123 2nd Avenue South, Saskatoon, SK S7K 7E6
Telephone: 306-244-0132
Email: office@shtb-law.com
This article is provided for general informational purposes only and does not constitute legal or other professional advice and does not replace independent legal or tax advice.
This article was originally published in The Western Producer on August 11, 2023.