We’ve come to rely on electronics and the Internet for many things we used to do on paper. Nowadays, we use e-readers instead of paper books, smartphone apps instead of maps, and Internet sites instead of newspapers. One of the most important documents you will ever sign exists only in paper form – your Last Will and Testament. People have started talking about using electronic Wills, but are they valid in Arizona?
Electronic Wills
The definition of a what constitutes an electronic will has not been nailed down yet. Basically, though, the will is in digital form and has been electronically signed by the testator and witnesses.
Laws vary from state to state. Nevada is currently the only state that allows electronic Wills. The Florida Electronics Wills Act was drafted and approved by the Florida legislature, only to be vetoed by Governor Scott. The Uniform Law Commission, an association devoted to getting states to have uniform laws, may be drafting legislation to allow the use of electronic Wills. While their recommendations are not binding. This would ease the way for states to agree on how to handle issues like electronic Wills.
Arizona does not allow electronic Wills at this time, but that could change soon.
Arizona Wills
A bill to authorize electronic Wills was proposed to the Arizona Legislature in January 2017 but has not passed yet. Current Arizona law lays out the requirements for a Will:
“14-2502. Execution; witnessed wills; holographic wills
- Except as provided in section 14-2503, 14-2506 and 14-2513, a Will shall be:
- in writing
- Signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction.
- Signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the Will as described in paragraph 2 or the testator’s acknowledgement of that signature or acknowledgment of the Will.
- Intent that the document constitute the testator’s Will can be established by extrinsic evidence, including, for holographic Wills under section 14-2503, portions of the document that are not in the testator’s handwriting.”
Pitfalls For Using Electronic Wills
- It may be hard to verify the identities of the parties signing as testator and witnesses.
- How can the Will be authenticated?
- Is an electronic signature process prone to be more or less susceptible to fraud?
- How will vulnerable adults be protected?
- Safely storing and protecting an electronic Will may not be possible yet.
Get Answers To Your Questions About Electronic Wills
If you have questions about electronic Wills, contact an experienced Arizona lawyer. At Keystone Law Firm, we use our estate planning experience to help clients like you develop personal estate plans.
Call us at (480) 418-8448 or visit our website at keystonelawfirm.com to check out some of our free seminars. We offer services for clients throughout Arizona, including Chandler, Gilbert, Sun Lakes, Tempe, Phoenix, Mesa, Scottsdale, and Apache Junction.
