Electronic Wills

by M-Gillies

Electronic wills give the testator more freedom in expressing his or her last wishes.

An electronic will is one that is created, recorded, transmitted or stored in digital form or in any other intangible form by electronic, magnetic or optical means and can include:

* Testamentary provisions, either read or spoken by the testator while being filmed or videotaped, however, such provisions would be deemed as an oral will and would fail as being valid;

* A written will that includes formalities filmed, videotaped, photographed, microfiched or otherwise recorded as a visual image, which could be used as photocopy of the will or documented evidence in the event that the actual will could not be found; or

* A will that exists solely in electronic form, generally stored in a computer, recordable disc or flash card.

While this would give testators the ability to read the will and explain in greater detail the reasoning behind the inheritances beneficiaries received, and could be provide compelling proof of the testators capacity, jurisdictions in Canada do not explicitly recognize electronic wills in their wills legislation, however, some states in the US honour video wills, but they are required to be accompanied by a written will.

Read more:

http://www.dlsu.edu.ph/research/centers/cberd/pdf/business/vol9/Vol9no2.pdf

http://www.aaepa.com/technology.aspx

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