eWill legislation is gaining national acceptance.
Our Mission– Make eWills legally valid nationwide.
Why? Because everyone should have the right to accessible, easy, affordable estate planning.
THE IMPACT
What are eWills and why are they important?
An eWill is simply an electronic version of a paper Will, which is a legal document that outlines a person’s wishes regarding the distribution of their assets after their death. These electronic Wills are stored in electronic form as opposed to a physical copy and signed electronically instead of a “wet ink” signature.
Currently, only 12 states and D.C. permit eWills. That means that even though so many other important transactions and contracts can be fully completed electronically, the majority of Americans cannot complete their Estate Plans without doing it the way it’s been done for hundreds of years: with ink on paper.
Estate planning is so important because it empowers people to put a plan in place to safeguard their future and create multigenerational wealth. The widespread acceptance of eWills in every state would greatly enhance accessibility, enabling every family to start building their legacy.
THE LEGISLATION
Why are we passionate about making eWills a law?
At Trust & Will, we are passionate about making eWills legally valid nationwide because we believe that everyone should have the right to accessible, easy, affordable estate planning. We view eWills as a powerful tool that can bridge the divide between the demand for estate planning and its accessibility to all individuals. So how are we advocating for this change? We are:
Working with lawmakers and policy makers to promote the adoption of the UEWA and UEEPDA
Helping to educate the public about the benefits of eWills and other electronic estate planning documents
Establishing partnerships with companies like Proof so that our members can complete their estate plans entirely from the comfort of their own homes.
Overall, nationwide availability of eWills could have a significant impact on the world. The option of electronic wills would allow estate planning to be accessible and affordable for everyone regardless of their income or location. It would also help reduce the risk of fraud and ensure that people’s wishes are accurately reflected in their Wills. And most importantly, it would remove a barrier that discourages people from taking an important step in leaving their legacy.
THE NEWS
How We’re Advocating for eWill Legislation
Our team is working tirelessly to push forward eWill legislation across the US. Check out our efforts in:
New York - We visited Albany to educate legislators about the benefits of eWills and advocate for the passage of UEWA.
Virginia - We convened a broad-based coalition, including AARP VA, MetLife Legal Plans, and the Justice Tech Association.
Ohio - Our CEO and founder Cody Barbo speaks on how allowing electronic execution of Wills in Ohio would be a win for democracy.
Minnesota - We were honored to work with State Senator Bonnie Westlin to complete the first ever eWill in Minnesota making it the 13th state to pass eWill legislation.
Idaho - We’re supporting states to act as leaders in the eWill legislation space to encourage other states to follow suit.
We are committed to our efforts and will continue speaking out across the country so that every American has equal opportunity to build their legacy.
THE TIMELINE
Understanding the History of eWill Legislation
The history of eWill legislation dates back to 2000 when UETA was passed. The Uniform Electronic Transactions Act of 2000 ensures that digital signatures and electronic documents are legally equivalent to handwritten signatures and paper records, enabling legal transactions to be conducted online. This is what spearheaded the push for eWill legislation. See how things unfolded:
1999 - The Uniform Electronic Transactions Act (UETA) was adopted by the Uniform Law Commission - since then 49 states have passed UETA (New York has separate electronic signature legislation)
2000 - Congress passed ESIGNe-Sign, a federal law granting legal recognition to electronic signatures and records
2017 - Nevada became the first state to legally allow eWills
2018 - Arizona and Indiana followed in Nevada’s footsteps allowing eWills
2019 - Florida passed eWills
2019 - The Uniform Law Commission adopted the Uniform Electronic Wills Act (UEWA), which legally allows wills to be created, signed, and stored electronically.
2020 - Due to COVID-19, temporary allowances were made for remote notaries due to shelter-in-place requirements. This in turn accelerated the adoption ofRemote Online Notarization Act (RON), which made remote notarization permanent.
2022 - The Uniform Law Commission adopted the Uniform Electronic Estate Planning Documents Act (UEEPDA), which legally allows non-testamentary estate planning documents (e.g. any estate planning document other than a Will) to be created, signed, and stored electronically
2023 - Illinois becomes the first state to pass UEWA & UEEPDA
2024 - Trust & Will is leading an eWill legislation campaign in New York and supporting efforts in several other states
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Commonly asked questions
Because of this, states that are pioneering eWill laws will typically pass RON and eWills together, or one right after the other. It is not likely for a state to allow eWills without allowing for remote online notarization as well.
Want more eWill news?
This page will be updated regularly as laws change and more states enact positive eWill legislation.
Want more eWill news?
This page will be updated regularly as laws change and more states enact positive eWill legislation.
