Wills are typically physical documents. People once wrote their wills by hand or had an attorney manage that process for them. Modern testators establishing estate plans frequently have lawyers draft printed instruments that are more legible and professional-looking. They sign a physical copy of the will, which their personal representative can later present to the courts.
With every major technological advance comes changes in how people do business and protect themselves legally. The use of computers and online document storage has become widespread. Electronic documents have now become standard in many industries.
Can people in Virginia who are creating or updating their wills use electronic documents to control their legacies after they pass?
Electronic wills are a viable option
Many states do not yet recognize digital or electronic wills. However, Virginia has adopted a statute intended to facilitate the use of digital estate planning documents. There are now systems in place to help validate the identity of testators and their witnesses during the creation of digital or electronic wills.
Provided that the testator follows appropriate digital signing protocol and has either two witnesses or a notary also sign the digital will electronically, they can use a digital will instead of a physical document. Digital documents may be convenient for those who travel frequently for work or who have medical challenges that make physically visiting a lawyer’s office difficult.
Partnering with an attorney to draft appropriate documents and ensure that the signing process conforms to state statutes is still of the utmost importance when drafting a digital will. Those intending to create or update their estate plans may require support to ensure that they conform to all legal standards.
