Close

Lipson Neilson – Law Firm in Bloomfield Hills, Michigan

3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302

Phone:
(248) 593-5000

Fax:
(248) 593-5040

More Details

Lipson Neilson – Law Firm in Las Vegas, Nevada

9900 Covington Cross Drive
Suite 120
Las Vegas, NV 89144

Phone:
(702) 382-1500

Fax:
(702) 382-1512

More Details

Lipson Neilson – Law Firm in Phoenix, Arizona

5343 N. 16th Street
Suite 140
Phoenix, AZ 85016

Phone:
(602) 626-8888

Fax:
(602) 626-5588

More Details

Close

Or Search By:

Electronic Wills: Revolution, Evolution, or Devolution

Reproduced with permission from Tax Management Estates, Gifts, and Trusts Journal, Vol 44, No. 1, 01/10/19. Copyright 2019 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

Electronic WillsInternet-based companies are currently encouraging state legislatures to adopt new statutes that will significantly impact Uniform Probate Code (UPC) provisions and other longstanding statutory schemes in order to facilitate widespread marketing and use of online estate planning and notary services in regards to the preparation and execution of wills, trusts, and other related estate planning instruments. Is this evolution or devolution? Will the Uniform Law Committee’s current proposal with regard to electronic wills provide sufficient protections against fraud, undue influence and capacity issues?

In 1968, just over a decade before the internet, John Lennon and Paul McCartney wrote the Beatles’ song, Revolution. Perhaps it was a foreshadowing of societal changes that would result from commercialization of a global system of interconnected computer networks (known as the “Internet”) that now links devices worldwide and has incorporated services and technologies into virtually every aspect of modern life. In Revolution, the Beatles sang:

We all want to change the world
You tell me that it’s evolution
Well, you know
We all want to change the world
***
Later, in Revolution, the Beatles continue:
You say you got a real solution
Well, you know
We’d all love to see the plan
You ask me for a contribution
Well, you know
We’re all doing what we can

It remains to be seen whether legislation recognizing (and thereby encouraging) use of electronic wills (and other estate planning documents) is a real solution or whether the better path is continued use of the UPC harmless error approach to such instruments (which require clear and convincing evidence that an instrument represents testamentary intentions, when the instrument doesn’t fully comport with formal execution requirements for a valid enforceable will).

Click here to read the full story.

We Look Forward To Connecting With You

  • Lipson Neilson P.C. publishes this website to convey general information and not for the purpose of providing legal advice. This Web site and its contents do not create an attorney-client or any other relationship between Lipson Neilson P.C. and any visitor to the Web site. Electronic mail (“e-mail”) sent to Lipson Neilson P.C. or any of its lawyers will not create an attorney-client relationship.
    * Checkbox Required
  • This field is for validation purposes and should be left unchanged.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

The verdicts and settlements listed on this site are intended to be representative of cases handled by Lipson Neilson. These listings are not a guarantee or prediction of the outcome of any other claims.

attorneysbarsdownloadlocationpractice