What Madhani v. Fast (2025) Means for Ontarians

It is easy to understand why people assume that a clear email should count as a will.

Most of your life runs through a screen. Your bills are digital. Your investments may be digital. Your photos, messages, and even your business records may exist only online.

Ontario law does not follow that logic.

A recent Ontario Superior Court decision, Madhani v. Fast, is a strong reminder that an unsigned draft will that exists only in electronic form is a legal dead end.

The Case: Madhani v. Fast (2025)

In Madhani v. Fast, the deceased had a properly executed earlier will (from 2021) but had been working with a lawyer on changes.

A new draft of the will was prepared and shared electronically, with a signing appointment scheduled.

However, the deceased died on the day of the planned signing.

The estate trustee tried to have the unsigned draft treated as the valid will under Ontario’s “substantial compliance” provision in section 21.1 of the Succession Law Reform Act (SLRA), but the court refused.

Two practical lessons from this decision are especially important for Ontario families:

First, Ontario’s validating power has a hard stop for electronic wills.

Section 21.1 is explicitly “subject to” the Electronic Commerce Act, and that Act does not apply to wills and codicils.

In plain language, Ontario does not treat a purely electronic draft as a will that the court can rescue after death.

Second, even strong evidence of a wish to change a will is not always enough.

The court also examined whether the draft showed a “fixed and final” testamentary intention.

However, the circumstances created real uncertainty about whether the deceased had personally reviewed and finally approved the last version.

The absence of a signature made that harder to prove.

The result was that the earlier, properly executed will remained the operative will.

Why Section 21.1 is Not a Safety Net for Emails

Ontarians may have heard that courts can now validate imperfect wills. That is partly true.

Section 21.1 of the SLRA gives the Superior Court of Justice discretion to order that a document is valid as a will if it sets out the deceased’s intentions.

This may hold even if it was not properly executed.

However, three points often get missed:

1. Section 21.1 is not an invitation to “do it later.” It is a tool for very specific situations, not a planning strategy.
2. Electronic-only documents are a major problem in Ontario. The SLRA’s validating power is constrained by the Electronic Commerce Act exclusion for wills.
3. You still need evidence of final intention. Drafts, notes, and messages may reflect that a will or revision is in progress. Courts look for a deliberate and final expression of intention. Madhani illustrates how quickly a “pretty clear plan” can become “not clear enough” in litigation.

If your will is a chain of emails or a note that no one witnessed, your loved ones may encounter issues later.

The Digital Assets Problem

Many modern estates include digital assets and digital access.

Examples include:

• online banking profiles and investment platforms
• cryptocurrency accounts and private keys
• email accounts and cloud storage
• photos, videos, and purchased digital media
• subscription businesses and monetised channels
• loyalty points and online rewards
• social media accounts and domain names

A common approach is to email a trusted person a list of passwords or to leave digital instructions in a draft document.

That may feel practical, but it creates two risks at the same time:

Risk 1: The instructions do not change who inherits what.

In Ontario, distribution of property still flows through a valid will.

It may also be governed by intestacy rules if there is no valid will.

A password list does not name beneficiaries, create trustee powers, or appoint an executor.

Risk 2: The instructions may never be legally effective.

Madhani is the cautionary example: a digital-only draft that never gets properly signed may simply fail.

Even when family members can technically access an account, that does not mean they have legal authority to do so

Service providers may freeze accounts on death. Financial institutions often require formal estate trustee authority before permitting access.

If no valid will exists, your estate may face additional procedural steps before anyone can act.

What To Do Instead: A Practical Ontario Checklist

If you want your plan to work when it matters, focus on execution and clarity.

1) Prioritize a properly executed will.
Ontario’s default rule remains the standard. A signed will with two appropriate witnesses is still the strongest foundation for avoiding disputes.

2) Do not rely on email “approval.”
If you review a draft will and approve changes, treat that as a step toward signing. Not as the finish line. Madhani shows that “we will sign next week” can turn into “the old will controls everything.”

3) Move from “draft” to “signed” quickly once decisions are made.
If you have started the update process, book the signing promptly. If travel, illness, or mobility is an issue, ask about options to sign sooner and more efficiently within Ontario’s rules. 

4) Build digital asset planning into your will package.
A well-drafted plan can include executor authority and practical instructions for handling digital accounts. In many cases, it is also wise to use a secure, regularly updated system that your executor can access when the time comes.

5) Reduce the burden on your executor.
Your executor will have enough to do already. Clarity around your assets can reduce administration time and reduce conflict among beneficiaries.

Look to Howard Nightingale for Reliable and Secure Estate Planning

If your “will” lives in your inbox, you are taking a legal risk that Ontario courts may not be able to fix after death.

Howard Nightingale Professional Corporation can help you put the right documents in place and ensure that they are executed correctly.

Contact us today for full legal support and comprehensive estate planning that you can rely on.