(WHTM)– A Pennsylvania lawmaker proposed legislation that would legally allow Pennsylvanians to make electronic wills or use electronic signatures on wills.
The bill, circulated by State Senator Lisa Baker (R-30), aims to modernize the state’s Probate, Estates, and Fiduciaries Code by establishing requirements for creating electronic wills and related estate-planning documents so they can be authorized.
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The state’s laws currently don’t recognize electronic wills or electronic signatures on wills, which adds confusion to the legal process. According to the memo, many Pennsylvanians make e-wills, thinking they are creating valid documents.
The legislation adopts key provisions from the Uniform Electronic Wills Act and the Uniform Electronic Estate Planning Documents Act, while retaining the foundations of Pennsylvania’s PEF Code, per the memo.
The measure would allow:
An online video and audio platform may be utilized to execute a will, provided proper procedures are followed.
Unlike a traditional “paper and ink” will, an electronic will may be made self-proving only at the time of execution, which provides an additional security measure.
An electronic will must be signed in the presence or electronic presence of two witnesses, unlike a traditional will, which need not be witnessed to be legally valid.
An electronic will that does not conform to the new requirements will be recognized as valid only if it was executed in compliance with the law where the testator was domiciled at the time of execution. This allows for continuity and reciprocity but prevents forum shopping.
The legislation is supported by the Pennsylvania Bar Association and the Insurance Federation of Pennsylvania, the memo said.
Sen. Baker said the bill will allow people to create wills online and decrease the cost while also increasing the availability of legal assistance in areas where there are shortages.
The bill has not yet been submitted for introduction.
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