Individuals thinking about estate planning have access to digital information about wills and other estate planning instruments. In some cases, they can even access digital templates for key documents. For people who are dealing with medical challenges or who are too busy to schedule a meeting during business hours, the ability to draft a will electronically can seem very appealing.
Can people in Pennsylvania expect digital documents, such as electronic wills, to protect their intentions and loved ones during probate proceedings?
The state requires physical documents
Although electronic documents may seem convenient to those thinking about their legacies or the vulnerability of their family members, electronic estate plans create numerous potential challenges. For example, people might sign the documents without witnesses.
They might use templates developed based on the statutes and different states. They might include illegal provisions in their estate plans, especially if they try to draft documents without the assistance of an attorney. They could engage in estate planning when they lack testamentary capacity. Electronic documents can also raise concerns about the possibility of overt fraud or undue influence.
Probate laws in Pennsylvania currently require physical estate planning documents. There must be a physical will with signatures on it to present to the courts. Not only does the current rule prevent people from using an electronic will, but it also rules out the possibility of using recordings as testamentary instruments. Video footage or audio files cannot replace a written will in an estate plan.
People trying to research estate planning on their own could find inaccurate information that applies in other jurisdictions but not Pennsylvania. For most people, the best option available is to partner with an estate planning lawyer to draft physical documents. They may also need to routinely review their documents and update them as their personal circumstances or testamentary wishes change.
With the right knowledge and assistance, estate planning can give individuals greater control over their legacies and peace of mind throughout their lives. Drafting a written will is a key aspect of modern estate planning, and testators need to ensure that their documents meet all statutory requirements.
