Digital Wills in BC: Convenient, But Not Casual
While BC has led the way in recognizing electronic wills, a 2026 Court of Appeal ruling (Paige v. Noel) reminds residents that a "record" is not always a "will."
The Content
Since 2021, BC has allowed wills to be signed and stored electronically. However, many people are mistakenly under the impression that an email or a text message can count as a will.
Why professional drafting still matters for digital wills:
• The "Formalities" Trap: Even an electronic will requires digital signatures by the will maker and two witnesses who are in each other’s "virtual presence."
• The Text Message Risk: The courts recently ruled that casual digital messages often lack "testamentary intention." The further a document departs from formal requirements, the harder and more expensive it is for your family to prove it in court.
• Storage Matters: An electronic will must be stored in a way that is accessible to your executor. If they cannot find the file, it is as if the will does not exist.
The Takeaway
Technology makes the process faster, but it does not make it less formal. We help you use BC’s digital will laws to your advantage without falling into the DIY traps that lead to litigation.
This blog post provides general information and is not intended as legal advice. Laws change frequently, please contact DuMoulin Boskovich LLP for advice specific to your situation.
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