ELECTRONIC WILL LEGISLATION: SUPPORT UNIFORM STATUTES
Opportunity (future state)
Introducing uniform, technology-neutral legislation to support electronically enabled will and codicil execution creates an OPPORTUNITY to advance the ESRA mission of broader adoption and acceptance of electronic signatures and records, by adding a legal foundation for a use case that is not covered by ESIGN and UETA.
Electronically executed wills, codicils and testamentary trusts are excluded from UETA and do not have protection under most state laws. In 2017, several bills were introduced in state legislatures to support electronic execution and witnessing of testamentary documents. ESRA Public Policy Committee members have reviewed model legislation and have indicated support for those that are consistent with ESRA policy principles.
Enactment of legislation enabling the electronic execution of wills, to the extent such legislation is consistent with ESRA principles.