Section 21.1 of the SLRA and Electronic Wills: Clarification from Gebremariam v Mengesha

Can an electronic document ever be treated as a valid will in Ontario?

In Gebremariam v Mengesha, 2026 ONSC 545 (“Gebremariam”), the Ontario Superior Court of Justice tackled this question head-on, confirming that courts do have the discretion to validate an electronic document as a fully effective testamentary document of a deceased – provided that the requirements of section 21.1 of the Succession Law Reform Act, RSO 1990, c S26 (the “SLRA”) are met.

Subsection 21.1(1) of the SLRA allows courts to validate imperfect wills that clearly reflect the intentions of the testator despite not complying with formal requirements.

While the ruling did not address whether the document at issue was ultimately validated under section 21.1 of the SLRA, Justice Corthorn’s decision keeps the door open for it and other electronic documents in the future.

What Happened?

In Gebremariam, the parties agreed that the Deceased died intestate unless a typed document titled “Nabute’s Will”, attached to an email that the Deceased appeared to have sent, was validated on an application under section 21.1 of the SLRA. The respondent opposed the application, arguing that the SLRA, when read with the Electronic Commerce Act, 2000, SO 2000, c 17 (the “ECA”), prohibited the validation of electronic documents as wills. Subsection 21.1(2) of the SLRA states that subsection (1) is subject to section 31 of the ECA, which, in part, stipulates that the ECA does not apply to wills and codicils.

Does Section 21.1 Extend to Electronic Documents?

The motion turned on the following question: Is it open to a person to apply, pursuant to section 21.1 of the SLRA, for an order that an electronic document is valid and fully effective as a testamentary document?

Remedial Legislation Meets Modern Reality

Justice Corthorn answered that question in the affirmative.

In reaching her conclusion, Justice Corthorn applied the modern principles of statutory interpretation and found that while the ECA excludes wills from its “Functional Equivalency Rules”, which facilitate the creation of electronic documents, it does not prohibit the validation of electronic documents under section 21.1 of the SLRA.

Furthermore, Justice Corthorn distinguished prior case law, including Madhani v Fast, 2025 ONSC 4100 (“Madhani”), Allison v McBride, 2025 ONSC 2828 (“Allison”), and White v White, 2023 ONSC 7286 (“White”), which suggested that electronic documents could not be validated as wills. She found the relevant commentary in Allison and White either obiter or incapable of supporting the conclusions reached in Madhani.

Moreover, Justice Corthorn emphasized that section 21.1 of the SLRA is a remedial provision intended to address the hardship of imperfect compliance with the formal requirements for wills. She acknowledged the evidentiary challenges in authenticating electronic documents but concluded that those challenges do not preclude their validation under section 21.1.

As such, Justice Corthorn allowed the applicant to continue their application to validate the electronic document as the Deceased’s will, subject to meeting the evidentiary requirements under section 21.1 of the SLRA.

Practical Takeaways

Gebremariam confirms that Ontario courts are not barred from validating electronic documents as wills under section 21.1 of the SLRA and reinforces its remedial purpose.

As technology continues to shape how people communicate and record their intentions, this decision constitutes an important development in Ontario estates law.

If you are facing uncertainty about a will, or whether a document may be recognized as one, our team can help. For expert guidance, contact our estate lawyers today.

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