Posted by BEST FINANCIAL GROUP LTD

Electronic Wills - Are They Legal?

Electronic Wills - Are They Legal?

Electronic wills are those that only exist in the electronic world via a signed form that is stored on specific electronic devices with a non-physical digital signature. Many states do not want to rely on these wills because of the inherent possibility of fraud and forgery that anyone with access can easily change.

Electronic testament

Different types of software can give a person a document that is an identical replica of a physical will. Other software can help you create a non-physical digital signature. By using these programs, the individual can create an electronic will, which the person desires upon his/her death. However, the electronic version may not be valid in court, as most states do not recognize the document as a valid form of will. What a person can do is transfer the file to a lawyer and prints it.

Software and hardware bridges

With the help of computers, the owner can create a will with all the sections and details he/she wants. Although the Uniform Electronic Transactions Act provides for the use of electronic transactions, it does not extend to laws that facilitate the use of software in certain legal proceedings. The person can create the will using the software but will need a printer to get a physical copy and a lawyer to make sure it is valid in this state. It may also require a review and then a signature on the actual documentation.

Electronic Signature

It is possible to use the software to create an electronic signature similar to that commonly used by the individual. Embedding the signature in a document is relatively easy once the person has created it. Any box requiring a signature can be obtained with one or two clicks of the mouse. The Global and National Electronic Signatures Act, implemented by Congress, allows the use of electronic signatures and documents through interstate commercial interactions. Unfortunately, many states are not yet ready to integrate this into a will or a final will.

Exclusion of wills

While the country's laws and regulations offer the means to use automated programs to create new documents and even to use several in different legal ways, these elements do not generally extend to the integration of wills. The person who completes or wants a will, however, needs a physical, legal document to ensure that it is enforceable in court or to explain what remains of the property after the death of the person. Lawyers can help create the will, but a paper document is still required for the country until the electronic alternative is widely accepted in the case of the deceased owner.

The traditional will

Although the owner of the property can create an electronic will and use it to keep an official record of what a person wants in the event of death, the electronic will is not legal in most states. State laws in the country should change to include digital versions of the same documents. Even if a lawyer is present during the drafting of the will with the necessary witnesses, you cannot provide for a compulsory legal file on the death of the person. She/he will always need the traditional will with someone who will read it at a ceremony.

The only state that allows the owner to use the electronic will is Nevada, when an owner electronically signs it. All other states have specific regulations or laws that exclude the possibility of using a digital copy at will, instead of the standard paper document. The same thing happened almost in Florida, but a governor broke the law, and now the state demands a standard will over the physical documents, not the electronic version. Without legal means to use the electronic will, citizens of all other states must use the will on paper.

Legal support with a will

A lawyer needs to ensure the validity of the will before attempting to have it as the sole means of providing for a family or other beneficiaries in the event of the death of the owner, and the lawyer may review the document in its entirety.

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