Published
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 35.1 to 35.3, 37, 54.1, 55.1, 58) checked that day.
Electronic wills are valid in BC since 2021: a will can be in electronic form, signed electronically, and witnessed by people in each other’s “electronic presence”.
Probating one: if the original isn’t a PDF, or is held by a third-party service, the applicant files an affidavit in Form P45.
Digital assets: no Canadian law gives executors automatic access; it depends on each provider’s terms.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
Since 2021, BC law has allowed electronic wills. A will can be created and kept in electronic form, signed with an electronic signature, and witnessed by two witnesses who are in each other’s electronic presence, for example on a video call, rather than in the same room. Electronic wills have their own rules for being altered and revoked. Probating one adds a step: if the original isn’t an unalterable PDF, or it’s kept by a third-party storage service, the applicant must swear an affidavit (Form P45) about its format and confirm it hasn’t been edited since it was signed. Separately, executors increasingly have to deal with digital assets, such as email, photos, social media, online accounts, cryptocurrency and loyalty points. No Canadian law gives executors automatic access to them; it depends on each provider’s terms of service.
Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, probates electronic wills and helps executors deal with digital assets; this guide is by Pardeep S. Grewal.
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Electronic wills
- Form: an “electronic will” is a will in electronic form (WESA s. 35.1).
- Witnessing: where the Act requires people to be in each other’s presence, being in each other’s electronic presence satisfies it, and a will can be made by signing identical counterpart copies (s. 35.2).
- Signature: an electronic signature satisfies the signature requirement (s. 35.3).
- Still required: signed at the end by the will-maker, with two witnesses present at the same time who also sign (s. 37).
- Changes and revocation: electronic wills have their own rules for alteration and revocation (ss. 54.1, 55.1). Accidentally deleting one isn’t evidence of an intention to revoke it.
Probating an electronic will
- The P1 notice: a copy of the electronic will goes with the notice, and recipients can ask to see the electronic original using Form P46.
- Form P45: if the original isn’t a PDF, or is held in a third-party repository, the applicant confirms the format, that the last edit date matches the signing date, and how the original was locked against editing (Rule 25-3(3)(a.1)).
- Technical help: many applicants will need someone with technical skill to confirm the edit history. In practice, an unalterable PDF is much easier to probate.
A document stored only on a computer, such as a Word file, that doesn’t meet the formal rules may still be given effect by the court under WESA s. 58 if it shows the deceased’s fixed and final intentions. See improperly signed wills.
Digital assets
Digital assets include email accounts, photos and documents, social media, cloud storage, online shopping and payment accounts, cryptocurrency, domain names, and loyalty or reward points. The usual steps are:
- Find them, from the deceased’s papers, email and devices.
- Secure them early to prevent identity theft.
- Decide whether each has financial value; those that do are estate assets for probate and accounts.
- Pay any related bills and stop automatic payments.
- Follow the deceased’s instructions, and the provider’s rules for deceased users’ accounts.
Reward points can be worth a lot, and some plans let points be transferred to relatives within a set time. Don’t cancel the card or plan until the points are dealt with.
Mistakes I have seen
- Opening and re-saving the deceased’s Word-format will, changing its edit date.
- Logging into the deceased’s accounts with their password, against the provider’s terms.
- Cancelling a credit card before transferring valuable reward points.
Frequently asked questions
Is a will signed over Zoom valid in BC?
It can be, if it meets WESA’s rules for electronic presence and electronic signatures, with two witnesses.
Can I print an electronic will and probate the printout?
A copy or PDF is filed, but if the original isn’t a PDF, Form P45 is needed to confirm it wasn’t altered.
Can the executor get into the deceased’s Facebook or Google account?
It depends on the provider’s terms for deceased users. Many won’t allow login but may provide stored content by other means.
What should I do right now?
Don’t open or edit the electronic will file; make a protected copy and note where the original is stored.
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Sources
- Wills, Estates and Succession Act (ss. 35.1–35.3, 37, 54.1, 55.1, 58), BC Laws
- Supreme Court Civil Rules, Part 25 (Rule 25-3(3)(a.1); Forms P45, P46), BC Laws
- CLE BC, Probate and Estate Administration Practice Manual, §§3.40, 3.67, 4.48, 5.30
This article is general information about BC law, not legal advice for your situation.