In short:
- In the 2025 Jamshed Mavalwala case, the Ontario Court of Justice denied recognizing an electronic will.
- The Will was not considered to be valid as it was not physically signed and witnessed, and the testator passed away only after drafting it.
- Courts can “cure” technical errors or “revive” revoked wills in some cases, but purely electronic drafts cannot be validated under Ontario’s strict compliance rules.
The Ontario Superior Court made a landmark decision in the case of late Jamshed Mavalwala, ruling that his purely electronic will was invalid. The deceased wrote a will in 2021, after that he wished to change his will in 2023. Mavalwala had drafted it on a computer in the month of November and planned to sign it that same day. However, he passed away before he could meet his lawyer and validate that will.
Although the digital draft gathered from his computer reflected his intentions of changing his previous will, the Ontario court declined to recognize it. The court did so because Ontario law still requires wills to be physically signed and witnessed, highlighting the crucial role of execution formalities.
What Is an Electronic Will (and Why It Matters)
An electronic will (or e-will) refers to a document created and stored in digital format. It can be on a laptop, smartphone, or the cloud. Basically, if the will has never been physically printed, signed, or witnessed, it will not be considered as valid.
Globally, jurisdictions such as British Columbia, parts of Australia, and some U.S. states now recognize electronic wills. It is either through legislation or via judicial “curing” provisions that allow courts to validate e-wills despite technical defects
However, in Ontario, the Succession Law Reform Act requires wills to be physical documents, signed in the presence of two witnesses. There’s no curing mechanism to validate unsigned or informally executed wills.
Why the Court Rejected the Electronic Will?
In Mavalwala’s case, the court emphasized several key points:
- Official formalities matter — The draft existed only electronically as a word file on his lawyer’s laptop. It had no sign or attestation rendering it invalid.
- Lack of execution — Mavalwala never reviewed or formally approved the final version in front of anybody, hence the lawyer had no confirmation of his intent.
- Authenticity concerns — Courts rely on physical signatures and witness presence to prevent misuse of law. This is critical in Ontario’s compliance framework is strict in nature as it ensures protection against undue influence and fraud.
The final ruling makes it evident that only intent is not sufficient for the proper execution of a testamentary will. Therefore, it is proved that Ontario courts will not accept an unsigned digital document as a valid will.
So, What Can You Do?
1. Always Use Physical Execution
Make sure your will is:
- Printed on paper
- You (the testator) signed it in front of two people who were not related to you.
- The will should be dated and stored in a secure place.
2. Talk to an Wills & Estates Lawyer
Working with a qualified and experienced wills & estate lawyer:
- Will ensure compliance with Ontario’s legal requirements such as age, mental capacity, who were the witnesses, etc.
- Will prevent you from making common errors that increase the stress of going through the probate process. For example, making your beneficiary a witness.
- Will help you to translate your wishes in legal language so that there is no space for ambiguity.
- Will ensure that you sign in front of the right people, as it is mandatory, especially when virtual witnessing is allowed from 2022.
3. Educate yourself about Estate Law Safeguards
In Ontario, courts may cure or revive problematic wills—but only under specific conditions:
- Under Section 21.1(1) of the Succession Law Reform Act (SLRA), it says that a will with technical errors may be considered valid, if it reflects the true intent of the testator. However, purely electronic drafts, like the one in Mavalwala case, cannot be cured because they were never valid wills to begin with.
- In certain cases, a cancelled will may be revived if there is clear evidence of purpose, usually in the form of a codicil, a legal document that changes or verifies a will. However, a handwritten note that satisfies the standards for holographic wills will also work.
However, our wills and estate attorneys advise not to rely on these remedies as it is risky. Anybody should ideally, aim for full compliance from the beginning.
How Our Wills & Estate Lawyers Can Help?
Considering the evolving legal landscape, especially virtual witnessing, seeking professional legal advice is invaluable.
The July 2025 Mavalwala decision serves as a stark reminder that in Ontario, digital will isn’t enough. For your estate plan to stand up in court, you must print, sign, and witness your will properly.
Don’t jeopardize your legacy and book a free consultation with Nanda & Associate lawyers now. Our team of Wills and Estate lawyers offer tailored estate planning, digital compliance guidance, secure updates, and probate support.
Call 905-405-0199, so that your final wishes are legally protected and executed.
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