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When the Will Is a PDF, Which File Is the Original?

Electronic Wills in BC and What Your Executor May Need to Know

Wills, Estates and Probate | British Columbia | October 2026

General legal information only. This article is not legal advice.

You make your Will electronically, sign it with the required witnesses and save the finished document. Years later, your executor opens the folder where you kept it and finds a signed PDF, another copy of that PDF in cloud storage, an older Word document and a paper printout. They all appear to contain the same instructions.

With a traditional paper Will, the first question is usually straightforward: where is the signed original? An electronic Will can make that question more complicated because British Columbia's probate rules distinguish between an electronic Will in its "original electronic form" and a later digital reproduction.

Those rules can affect what your executor must find, what may need to be explained in a probate application and what another person may be entitled to inspect. For anyone making or updating a Will now, the useful planning question reaches beyond the signing appointment: will the person you name as executor know which document to use years later?

What Counts as the Original Electronic Will in British Columbia?

For probate purposes in British Columbia, an electronic Will is in its original electronic form when it remains in the electronic form in which it was first saved after signing. If it later exists in a different electronic form, the Probate Rules describe that later version as a digital reproduction.

PDF is only the file type. For probate, the starting point is the form in which the signed Will was first saved.

The Province gives a useful example in its explanation of the electronic-Will rules. If an electronically signed Will is first saved as a PDF, unaltered electronic versions that remain in that format can be treated as electronic originals for probate purposes. If the signed Will was first saved as a Word document and was later converted to PDF, the PDF is a digital reproduction rather than the original electronic form.

Paper Wills train us to think in terms of one original. Electronic Wills can work differently: more than one unaltered version may qualify as an electronic original for probate purposes, while two files that look identical on the screen may have different procedural status.

A later digital reproduction is not automatically invalid. The Probate Rules anticipate circumstances in which a physical copy or PDF reproduction of an electronic original can be filed with additional evidence. If that version is used in probate, the applicant may need to explain where it came from and how it relates to the Will that was signed.

If an executor brought me several versions of an electronic Will, I would not start with whichever filename looked most convincing. I would want to know what was signed, the form in which that signed document was first saved, where it was kept and what happened to the file afterward.

Remote Witnessing Is Not the Same as an Electronic Will

Remote witnessing and an electronic Will are separate concepts under British Columbia law. WESA deals with electronic presence, electronic signatures and Wills that exist in electronic form.

WESA allows people in different locations to satisfy certain presence requirements through simultaneous audiovisual communication. It also allows complete and identical counterparts to be signed when the Will-maker and witnesses are electronically present with one another.

The resulting Will can still be a physical Will. The Probate Rules deal separately with physical Wills signed in counterparts through electronic presence and Wills that exist as electronic documents.

At probate, the executor must know what kind of document was created. The use of Zoom, FaceTime or another audiovisual tool during signing does not answer that question on its own.

When an Electronic Will Is Converted From Word to PDF

Converting a Word document to PDF normally feels like routine computer housekeeping. The words may be identical, the signatures may still appear on the page and nothing about the document may look different to the person opening it.

The Probate Rules still distinguish the two forms. The original electronic form is tied to the form in which the signed Will was first saved. A later version created in another electronic format is treated as a digital reproduction for the purposes of the probate rules.

Suppose the signed Will was first saved as a Word document and later converted to PDF because PDF was easier to email or print. The PDF may accurately reproduce the document, but that later conversion does not make it the original electronic form simply because the visible contents are unchanged. If probate is later required, a converted file may still be usable, but the applicant may have to identify the original electronic document and explain how the filed version relates to it.

File history can therefore become part of the legal evidence. What the court process needs is a reliable connection between the document being presented and the Will that was actually executed.

What Probate Requires for an Electronic Will

British Columbia's Probate Rules contain specific procedures for electronic Wills. Where the original electronic form was saved as a PDF, the rules contemplate filing that form. Where the original electronic Will was first saved in another format, the applicant may instead submit a physical copy or PDF reproduction together with additional affidavit evidence.

One of those documents is Form P45, the Affidavit of Electronic Will. The form asks the person completing it to identify the format of the original electronic Will, with examples that include Microsoft Word, Apple Pages and Google Docs.

It then asks for information about the integrity of that original. Depending on the circumstances, the person completing the affidavit must explain how they confirmed that the last editing date of the original electronic form was the same date the Will was signed and witnessed, or how the original was locked against editing before the copy submitted for probate was created.

A readable copy may not be enough on its own. The probate application can require evidence connecting that copy to the electronic document that was actually executed.

For a family dealing with an estate, small decisions made years earlier can suddenly become significant. The executor may need to know how the Will was saved, whether the executed document remained in its original form, whether it was converted later and whether the original electronic form can still be accessed. Planning for those details while the Will-maker is alive can spare the executor from reconstructing them after death.

When Someone Wants to See the Original Electronic Will

A person who receives the required notice of an estate application can use Form P46, the Demand for Electronic Will, to require access to the Will in its original electronic form. Where the sole original is held in a third-party electronic repository, the demand can instead require access to that repository. The Probate Rules generally require the applicant to comply with the demand within seven days. The rule lets an eligible notice recipient get to the original electronic form even if the probate package contains a printed or emailed copy.

Form P46 also refers to the separate Notice of Dispute process where concerns about validity arise. That is a different probate procedure with its own requirements. A dispute over validity is one circumstance in which access to the original electronic document may become significant. The document may eventually have to be found and examined by people who were not present when it was created, so the storage plan has to work for someone other than the Will-maker.

The BC Wills Registry Does Not Keep a Copy of Your Will

The British Columbia Wills Registry records information about a Will and its location. Vital Statistics does not keep the Will itself or record its contents.

A Wills Notice can identify when the Will was made and where it is located. After the Will-maker dies, an eligible person can search the Registry to determine whether a notice was filed and what location was recorded.

The word "registered" can give the wrong impression. Filing a Wills Notice records location information; it does not upload the Will into government custody.

A Registry search can point an executor to the recorded location. The estate plan still has to leave an identifiable document there.

For an electronic Will, those two pieces should work together. Accurate location information is useful only if the electronic document at that location has also been preserved in a way that the executor can understand.

Changing an Electronic Will After It Has Been Signed

A signed electronic Will may still be editable as a computer file. Legally, however, WESA does not treat it as a draft that can simply be reopened and changed whenever the Will-maker changes their mind.

Section 54.1 provides that someone who wants to alter an electronic Will must make a new Will in accordance with the formal Will-making requirements in section 37. The ordinary alteration provisions that apply to physical Wills do not apply to an electronic Will.

Suppose a Will-maker opens the signed file months later, changes the name of a beneficiary and saves the revised document. The existence of that later file does not, by itself, mean that the Will has been legally altered. If the signed file sits beside later edited versions, an executor can be left with a much harder question after death: which document was properly executed, and does any later file have legal effect?

If your intentions have changed, the safer course is to deal with the Will as a legal document rather than as a file you can revise casually. The goal is to make the change in a way that leaves the estate with one clear, legally effective plan.

Deleting an Electronic Will and Revocation

Deletion can revoke an electronic Will, but WESA requires intention. A missing file and a legally revoked Will are not automatically the same thing. Section 55.1 provides that an electronic Will may be revoked when one or more electronic versions are deleted by the Will-maker, or by another person acting in the Will-maker's presence and at the Will-maker's direction, with the intention of revoking the Will or part of it.

The Act also says that inadvertent deletion of one or more electronic versions is not evidence of an intention to revoke. Electronic files can disappear accidentally, synchronize across devices, survive in backups or remain stored in several locations.

Revocation turns on intention as well as the act of deletion. If someone wants to revoke or replace an electronic Will, the legal change should be made deliberately and documented clearly rather than left to ordinary file management.

Emails, Text Messages and Section 58 of WESA

An email, text message or computer note can raise a different legal question from a formally executed electronic Will. Those records were not made under the ordinary Will-making formalities, but section 58 can still bring an electronic record before the court in appropriate circumstances.

British Columbia does have a curative provision. Section 58 of WESA gives the court authority, in appropriate circumstances, to give testamentary effect to a record that does not comply with the ordinary formal requirements where the court determines that the record represents the deceased person's testamentary intentions, or an intention to alter, revoke or revive a testamentary disposition.

The statutory concept of a record can include electronically stored information, so an email, text message or computer document can become relevant in a section 58 application. A message does not become a Will merely because it says who should receive someone's property.

In Paige v Noel, 2025 BCCA 358, the British Columbia Court of Appeal considered electronic communications about proposed changes to a Will. The case separates a message about a planned testamentary change from a record intended to carry that change into legal effect.

A person can be completely clear about what they plan to change and still expect a new Will to be prepared before the change takes legal effect. Informal digital records and formally executed electronic Wills therefore raise different legal questions.

A formal electronic Will begins inside WESA's Will-making framework. An informal electronic record may instead leave the estate asking a court to decide what the deceased intended after the person who wrote the record is no longer available to explain it.

How I Would Review an Electronic Will Plan

When someone asks me whether an electronic Will is appropriate, I start with the estate itself. Who are the beneficiaries? Who will act as executor? Are there trusts, disability considerations, a blended family, business interests or property arrangements that need special attention? I also want to know how the Will fits with a Power of Attorney, Representation Agreement or other planning documents.

Then I want to know where the signed Will will live and how it will be retrieved. Will the executor know which file is the signed document? If a Wills Notice is filed, does it point to the right place? A secure repository can help with access, but it cannot make up for uncertainty about which document was actually executed.

I also ask what happens if the Will changes. Will an older version still be sitting beside the new one? Will the executor know which document replaced which? Those details are easy to overlook while the Will-maker is alive and much harder to reconstruct after death.

For me, the practical test is whether the chosen format makes the estate plan easier to carry out and leaves the executor with a document they can identify and use. If you are choosing between an electronic Will and a traditional Will, I can review the document in the context of the whole plan and help you decide how it should be executed, preserved and made findable for the executor you have chosen.

If You Are the Executor and Have Found Several Files

If someone has already died, I take a different approach. An executor may have a signed PDF, another copy stored elsewhere, an editable source file, a printout or files with different modification dates. Before changing filenames, reorganizing folders or deleting anything, preserve what you found.

Then I would trace each version. I would want to know where the file came from, whether a Wills Notice was registered, whether a lawyer or electronic repository may hold another version and what is known about how the Will was executed and stored.

Sometimes that review produces a straightforward answer. In another estate, competing versions, file history or concerns about validity may need to be addressed before the probate application moves forward.

You do not need to resolve the file history before asking for advice. The review can begin with the documents you have, where you found them and anything you know about how the Will was signed or stored.

When the Executor Opens the Folder

By the time the executor opens the folder, the planning choices are already in the past. The signed PDF, cloud copy, Word file and paper printout now have to be understood as part of an estate administration problem.

British Columbia's electronic-Will rules help the executor work through that problem. The questions can include what was actually signed, the electronic form in which it was first saved, whether the version now being relied on remained unaltered, where the original electronic form can be accessed and what evidence the probate process requires.

The medium changes some of the mechanics, but the planning goal stays familiar. Your intentions should be expressed clearly, and the person responsible for carrying them out should be able to locate and use the document when it is needed.

If you are making or updating a Will in British Columbia, I can review the estate plan with you before the document is signed. If you are already acting as executor and have found an electronic Will or several possible versions, I can help you work through what you have and what the probate process may require.

Frequently Asked Questions About Electronic Wills in BC

If I print my electronic Will, does the printout become the original Will?

Not simply because it has been printed. British Columbia’s Probate Rules distinguish the original electronic form from later copies or reproductions. A physical or PDF copy may still be used in a probate application in some circumstances, but additional evidence may be required to connect that copy to the electronic Will that was executed.

Where should I keep an electronic Will?

The important question is whether the executed Will can still be identified and accessed when your executor needs it. A secure electronic repository, a lawyer’s file or another reliable storage arrangement may work, but the executor should know where the Will is kept. A Wills Notice can record its location, although the BC Wills Registry does not keep the Will itself.

What should an executor do if several versions of the Will are found?

Preserve the files before renaming, editing or deleting anything. The original electronic form, file history, location of each version and information about how the Will was executed may become relevant. If it is unclear which document should be relied upon, legal review before filing for probate can help avoid making assumptions about the wrong version.

Can I change an electronic Will by editing the signed file?

No. WESA section 54.1 requires a person who wants to alter an electronic Will to make a new Will in accordance with the statutory Will-making requirements. Simply changing the wording in the existing signed file does not accomplish that.

Should I speak with a lawyer before making an electronic Will?

Electronic Wills can be valid in British Columbia, but the choice involves more than the signing format. Your executor, beneficiaries, storage arrangements, other estate-planning documents and the possibility of future changes should all fit together. A lawyer can help determine whether an electronic Will or a traditional paper Will is the better fit for your estate plan.

Sources and Further Reading

2. Supreme Court Civil Rules, Part 25

The Probate Rules define original electronic form and digital reproduction and govern filing, notice, access and other procedures involving electronic Wills.

4. Form P46, Demand for Electronic Will

The prescribed form allows a qualifying notice recipient to require the Will in its original electronic form or access to the third-party electronic repository where the original can be viewed.

7. Paige v Noel, 2025 BCCA 358

The British Columbia Court of Appeal considered whether electronic communications expressing an intention to make a future testamentary change were themselves intended to have testamentary effect.

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Author · Wills, Estates and Probate

Tim Louis

Vancouver Wills and Estates Lawyer Tim Louis & Company

Tim Louis has practised law in Vancouver since 1984. This article addresses electronic Wills in British Columbia, including original electronic form, probate requirements, file history and what an executor may need to know when more than one possible version is found.

Legal practice
Since 1984
Based in
Vancouver, BC
Article focus
Electronic Wills in BC

PDF is only the file type. For probate, the starting point is the form in which the signed Will was first saved. If an executor brought me several versions of an electronic Will, I would want to know what was signed, the form in which that signed document was first saved, where it was kept and what happened to the file afterward.

If you are making or updating a Will in British Columbia, I can review the estate plan with you before the document is signed. If you are already acting as executor and have found an electronic Will or several possible versions, I can help you work through what you have and what the probate process may require.

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Living Content System™

Maintained for current British Columbia electronic-Will guidance

This article is maintained under the Living Content System™ by Fervid Solutions . Its legal framework, source relationships, probate procedures, prescribed forms, case-law context, internal authority routes and review triggers are maintained together so the page can be re-reviewed when the governing law or evidence environment materially changes.

System review October 2, 2026 Human review required for material updates
Jurisdiction
British Columbia
Primary issue
Electronic Will identification and probate
Source model
Legislation, court rules, prescribed forms and case law
Review cadence
Quarterly and on material change

Core maintained proposition

The filename or file type does not by itself identify the original electronic Will.

The article keeps the probate analysis centred on what was signed, the electronic form in which the signed Will was first saved, whether later versions are digital reproductions, how the document was preserved and what evidence may be required when the estate applies for probate.

That distinction also shapes the article's treatment of Form P45, Form P46, executor searches, the BC Wills Registry, later alterations or deletion, and informal electronic records considered under section 58 of WESA.

What this system monitors

Changes that could affect the article's legal or procedural guidance

  • Amendments to the Wills, Estates and Succession Act provisions governing electronic Wills, electronic presence, alteration, revocation or the court's curative authority.
  • Changes to Supreme Court Civil Rules Part 25 affecting original electronic form, digital reproductions, probate filing, notice, access or testamentary-document searches.
  • Revisions to Form P45, Affidavit of Electronic Will, including the evidence required to connect a probate copy with the executed electronic document.
  • Revisions to Form P46, Demand for Electronic Will, including access to the original electronic form or an electronic repository.
  • Material changes to BC Wills Registry procedures or official provincial guidance concerning electronic Wills and Wills Notices.
  • New British Columbia appellate or Supreme Court of Canada authority materially affecting section 58, electronic records or the distinction addressed in Paige v Noel.

Authority register

Sources tied to the maintained legal framework

Legislation British Columbia

Wills, Estates and Succession Act

Governing statutory framework for electronic Wills, electronic presence and signatures, formal Will requirements, alteration, revocation and section 58.

Court rules Part 25

Supreme Court Civil Rules

Defines original electronic form and digital reproduction and governs filing, access, notice and other probate procedures involving electronic Wills.

Prescribed form P45

Affidavit of Electronic Will

Addresses the original electronic format and integrity evidence connecting a probate copy to the electronic document that was executed.

Prescribed form P46

Demand for Electronic Will

Supports access to the Will in its original electronic form or, where applicable, the electronic repository in which the original can be viewed.

Registry guidance Vital Statistics

British Columbia Wills Registry

Governs the administrative framework for recording information about a Will and its location rather than storing the Will itself.

Appellate authority 2025 BCCA 358

Paige v Noel

Relevant to the distinction between electronic communications about a proposed testamentary change and a record intended to carry that change into legal effect.

Editorial maintenance rule

Material changes trigger review, not silent rewriting.

The approved article remains the source of visible legal meaning. Changes to legislation, court rules, prescribed forms, material appellate authority, official Registry guidance or substantive legal propositions require human review before the published article is changed.

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