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TESTIMONIALS

– Elizabeth, a business client

–Charles Kirk

– Katherine, an estate planning client

Washington State Just Authorized Electronic Wills … Now What?

Jul 26, 2021

Washingtonians will soon be able to execute electronic wills, following a special new procedure recently authorized by the State Legislature.

That’s right, starting in 2022, Washington State will be one of a few states that will allow its citizens to have Electronic Wills.

Under the current Washington state law, a valid Will has to be a physical document, signed by the person making the will and witnessed by two competent individuals, in the presence of a Notary Public.  All of the individuals involved in the signing must be physically present in the same location, at the same time.

The newly-passed Uniform Electronic Wills Act will permit Washington State residents to execute an electronic will that can be legally binding.

An electronic will MUST be:

  1. A record that is readable as text at the time of signing;
  2. Signed by the testator/testatrix or another individual in the testator’s name, in the testator’s physical presence, and by the testator’s direction; and
  3. Signed by at least two competent witnesses at the testator’s direction or request and in the physical or electronic presence of the testator.

The Act also specifies who can play the role of a ‘qualified custodian’ of an electronic will.

Those who are unqualified to be custodians of an electronic will are: the testator/testatrix, their spouse/partner, heir, beneficiary, or any other person that may have an interest in testator’s estate.

Qualified legal custodians who receive the electronic will must maintain a chain of custody, will swear to the unaltered state of the electronic will and deliver the electronic will to the court having jurisdiction or to the named executor of the testator’s estate.

If the electronic will has not been maintained by a qualified custodian it must be treated as a lost or destroyed will.

We expect that the new Electonic Wills Act will to continue to evolve.  You are welcome to contact Limitless Law at 360-685-0145 to schedule a consultation to discuss your will or estate plan.  We are available for in-person, phone and video conference consultations.

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