Will Electronic Wills Be the New Normal?

More and more transactions are done digitally, but estate planning has lagged behind technology. That may be changing, though. Even before the coronavirus pandemic made social distancing necessary, electronic wills were gaining legitimacy.

An electronic will (or "e-will") is a will created completely electronically, without paper and ink, including digital signatures. The Uniform Law Commission — an organization that provides states with model legislation they can adopt — approved the Electronic Wills Act, which provides a framework for a valid electronic will. Under the Act, states determine how many witnesses are required and whether a notary is required, and each state decides whether witnesses must be physically present or whether remote or virtual presence is enough.

A handful of states have adopted electronic will laws, and more are considering them. Pennsylvania has not, so a valid will here still requires a signed paper document.

If you want to be sure your will holds up, work with an attorney who knows the requirements in your state.