eWill legislation is gaining national acceptance.

For more state-specific eWill information, review the states below:

THE IMPACT 

What are eWills and why are they important? 

An eWill is simply an electronic version of a paper Will, which is a legal document that outlines a person’s wishes regarding the distribution of their assets after their death. These electronic Wills are stored in electronic form as opposed to a physical copy and signed electronically instead of a “wet ink” signature. 

Currently, only 12 states and D.C. permit eWills. That means that even though so many other important transactions and contracts can be fully completed electronically, the majority of Americans cannot complete their Estate Plans without doing it the way it’s been done for hundreds of years: with ink on paper. 

Estate planning is so important because it empowers people to put a plan in place to safeguard their future and create multigenerational wealth. The widespread acceptance of eWills in every state would greatly enhance accessibility, enabling every family to start building their legacy.

THE LEGISLATION 

Why are we passionate about making eWills a law? 

At Trust & Will, we are passionate about making eWills legally valid nationwide because we believe that everyone should have the right to accessible, easy, affordable estate planning. We view eWills as a powerful tool that can bridge the divide between the demand for estate planning and its accessibility to all individuals.  So how are we advocating for this change? We are: 

  • Working with lawmakers and policy makers to promote the adoption of the UEWA and UEEPDA 

  • Helping to educate the public about the benefits of eWills and other electronic estate planning documents

  • Establishing partnerships with companies like Notarize so that our members can complete their estate plans entirely from the comfort of their own homes. 

Overall, nationwide availability of eWills could have a significant impact on the world. The option of electronic wills would allow estate planning to be accessible and affordable for everyone regardless of their income or location. It would also help reduce the risk of fraud and ensure that people’s wishes are accurately reflected in their Wills. And most importantly, it would remove a barrier that discourages people from taking an important step in leaving their legacy. 

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Commonly asked questions

What is the difference between online Wills and eWills?
There is a difference between a Will that is created online, versus a Will that is entirely digital. For instance, a Will can be created online using a service or platform, like Trust & Will. However, if it is then printed out and signed with wet ink signatures, then it is not considered an eWill. An eWill can be completed and legally-valid electronically from start to finish.
What is the Uniform Law Commission?
The Uniform Law Commision (ULC) is a non-partisan group composed of lawyers, judges, and law professors who create model laws. The ULC works to research and draft uniform laws on various legal issues. One such law is the Uniform Electronic Transactions Act, adopted by the ULC in 1999, since implemented in 49 states. UETA enabled electronic commerce as we know it. As just one example, using your credit card to purchase something online would be far more difficult without UETA.
Uniform Electronic Wills Act vs. Uniform Electronic Estate Planning Documents Act
The Uniform Electronic Wills Act (UEWA) would allow eWills to be legally-valid and accepted in all states. It is essentially a set of rules that states can choose to follow or adopt and is currently passed in 12 different states and the District of Columbia. The Uniform Electronic Estate Planning Documents Act (UEEPDA) is similar to UEWA except it would allow all other estate planning documents (except a will) to be signed and notarized electronically.
What is Remote Online Notarization?
Remote Online Notarization (RON) is a necessary co-passenger to eWills. It’s difficult to have a Will that is truly digital from start to finish without the notarization component. It’s possible to have an eWill made up of electronic signatures from the creator of the Will and their two witnesses. However, without RON, an eWill may be valid without full feature parity of a physical Will (it might not be self-proving, for example).

Because of this, states that are pioneering eWill laws will typically pass RON and eWills together, or one right after the other. It is not likely for a state to allow eWills without allowing for remote online notarization as well.
Does Trust & Will support all eWill legislation?
Trust & Will is interested in seeing every state pass some version of UEWA or UEEPDA. But, more generally, we are committed to the cause of digital estate planning. We support any effort by a legislature to enable electronic estate planning.
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