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The Legality of E-Wills In Estate Planning

Estate planning attorneyModern technology has revolutionized many of our daily activities. However, in some cases, it has also caused more confusion. In the case of a last will and testament, the federal government has had to update its regulations to reflect the progress of technology.

In order for a will to be considered legal and binding, the creator of the will, or “testator,” must be of sound mind and body. The testator must sign the document, and that signature must be witnessed by at least two other parties who also sign the document.

Wills for a digital world

As so much of our lives are handled online these days, so too are estate issues. Decades after the invention of E-mail, we now have E-wills. These wills are crafted on a computer. There aren’t any physical copies to sign.

The Federal E-sign Act states that an electronic signature may be permitted in the case of a will and testament. An electronic signature is defined as “an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.”

This means that a will can be signed electronically using whatever technology the testator has available. They can scan a copy of their handwritten signature and paste it into the body of the document or use a stylus to write directly on the electronic document.

Focusing on what matters most

The loss of a loved one is never easy. If matters of their estate are unresolved prior to their passing, then you may find yourself trying to navigate complicated estate questions when you should be grieving with your family. We are here to help. The South Carolina estate lawyers at Matthews & Megna have assisted thousands of families through the estate planning process. We have crafted their wills and stood by them if those wills were ever contested. We have done all we could to make this process as smooth and painless as possible.

In the wake of a loss, grieving families should be able to focus on their loss, not on complicated legal matters. If you or a loved one are planning your estate, contact us today. We will help you create an ironclad will so that you can focus on what really matters: your family.

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