Electronic Wills

The environment in which people are engaging in transactions is increasingly digital. Banking, real estate transactions, insurance, health records, and even professional certification are frequently occurring online. However, Alberta law may not be keeping pace with these changes. The Wills and Succession Act does not contain express language dealing with electronic wills

The Alberta Law Reform Institute published Creation of Electronic Wills, Final Report 119 in October 2023. A Consultation Summary was published alongside the report.

Following up on Creation of Wills, Final Report 119, the Institute published Alteration and Revocation of Electronic Wills, Final Report 120 in March 2024. A Consultation Summary was published alongside the report as well as a recommendations summary.

The Alberta Law Reform Institute was involved in crafting the temporary protocol for remote witnessing of wills during the height of the COVID-19 pandemic and is now reviewing the Wills and Succession Act to determine if permanent legislation should be established to recognize the validity of electronic wills.

On October 19, 2023, ALRI published Creation of Electronic Wills. Get the full report here.
A Consultation Summary and Recommendations Summary were also published alongside the report.

On October 27, 2023, ALRI Counsel Katherine MacKenzie appeared on CTV’s Alberta Primetime to talk about our recommendation that Alberta expressly permit electronic wills in Alberta. See the interview here.

ALRI published its second report on electronic wills in March of 2024. Alteration and Revocation of Electronic Wills, Final Report 120.