Recently, the Oklahoma legislature enacted a law that allows you to execute your will, or other estate planning documents, electronically. The document may be in electronic form – it doesn’t have to be on paper. Also, if the law requires witnesses or a notary, the witnesses and notary may be present virtually – they don’t have to be physically present. If the document complies with state law, a court may not rule that the document is invalid simply because it was executed electronically.
For centuries, if you wanted to execute a will, you had to physically sign the document in the presence of two witnesses. For people who were confined to a certain location, this sometimes proved difficult. Some people died without wills because they were unable to have two witnesses present when they signed their wills.
Modern technology has now made it possible for people not in the same location to see and hear each other in real time. This has led to legislatures asking: Do we still need to make people sign wills in person before witnesses?
The law has often been slow to keep up with technology, but in 2024, the Oklahoma legislature passed the “Uniform Electronic Estate Planning Documents Act.” (UEEPDA). UEEPDA allows you to execute a will – and other estate planning documents – by electronic means. UEEPDA defines “electronic” as “relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.” As long as the witnesses can see and hear you when you sign your will, your will is valid. You may read the UEEPDA here.
Executing Your Will under UEEPDA
Under UEEPDA, your will is valid if:
· The will is readable as text at the time you sign it
· You sign the will, or another person physically present signs the will in your name at your direction
· Two witnesses sign the will in your “electronic presence.” “Electronic presence” means that the witnesses are using communication technology that allows the witnesses to see and hear you in real time (for example, Zoom)
If you make an electronic will that does not comply with these requirements, the will is valid if it complies with the law of:
· The law of the state where you signed the will
· The law of the state where you resided when you signed the will, or
· The law of the state in which you die.
Traditionally, the law said that after you died and your will was probated, the witnesses had to appear in court and testify as to the will’s authenticity. Now, lawyers who draft wills get around this requirement by having witnesses sign a “self-proving affidavit” at the same time the witnesses sign the will. If the witnesses sign this affidavit, the witnesses don’t need to come to court.
UEEPDA allows the witnesses to execute a self-proving affidavit electronically. A self-proving affidavit must be notarized, and if the self-proving affidavit is executed electronically, the notary must be qualified under the Oklahoma Remote Online Notary Act.
An electronic will doesn’t have to be printed on paper at all for the will to valid. If you want to print your electronic will on paper, the paper copy is valid if you affirm under penalty of perjury that the paper copy is a complete, true, and coy of your electronic will.
Executing Other Estate Planning Documents under UEEPDA
Under UEEPDA, you may also execute:
(1) a trust,
(2) a trust power,
(3) a memorandum of a trust,
(4) a durable power of attorney,
(5) your certification of the validity of a power of attorney and your authority to execute the power of attorney,
(6) a power of appointment,
(7) an advance directive, including a health-care power of attorney, directive to physicians, natural death statement, living will, and medical or physician order for life-sustaining treatment,
(8) a document that tells how to dispose of your body after you pass away,
(9) a document where you nominate a guardian for yourself,
(10) a document where you nominate a guardian for your minor child or disabled adult child,
(11) a mental health treatment declaration, or
(12) any other record intended to carry out your intent regarding property or health care while incapacitated or on death
If you execute any of these documents in electronic form, the document is valid if it can be proven that you are the person who signed the document. UEEPDA says that your act of signing may be “shown in any manner”, including via an electronic security procedure. If the law requires that the document be notarized, the notarization is effective if the notary “logically associates” your electronic signature with the document. If the law requires that your document be witnessed, the witnesses satisfy this requirement if the witnesses can see and hear you by real-time communication technology.
If the law requires that you transmit an electronic estate planning document to anyone, you may comply with this requirement by electronically transmitting the document. You may create a paper copy of the document, and this paper copy is valid if you affirm under penalty of perjury that the paper copy if complete and accurate.
Need Help with an Electronic Will? Contact the Persaud Law Office
The Persaud Law Office has prepared wills and other estate planning documents for many clients. If you would like us to assist you with your estate planning, including any electronic documents, we may be able to assist you. Contact us today for a free consultation. NOTE: If you do not live in Oklahoma, we will not be able to help you. We are licensed to practice only in Oklahoma. Generally, a will is valid in the place where it is executed, so if you are not in Oklahoma, Oklahoma law will not govern. Do not contact us if you are outside of Oklahoma.
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