This paper is a companion to theTrustees Act: Proposals for Reform (2002) and addresses the powers of personal representatives who are not trustees as defined in The Trustee Act. The Commission recommends including some provisions garnered from existing statute in The Administration of Estates Act and omitting other out-dated provisions, in effect replacing the Devolution of Real Property Act.
A will created on a computer and stored on computer media such as a CD-ROM or on a computer network rather than printed out and signed in the usual manner is probably invalid under Saskatchewan law at present. This paper discusses the issues and problems surrounding recognition of electronic wills.
It concludes that the technology is now available to legislate a set of formalities for recognition of electronic wills, but recommends delaying doing so until there is sufficient interest in legal profession and public to warrant doing so. In the mean time, the report recommends amendment of the Wills Act to make it clear that the courts can admit electronic wills to probate in the same manner as other formally deficient wills that “substantially comply” with the requirements of the Wills Act (2004).