Use of E-Signatures Should be Extended to Estate Planning

Written by Angel Gutierrez
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The ability to sign electronically is a convenient process allowing people to sign documents or confirm purchases from the comfort of their homes. However, the use of electronic signatures has not yet been applied to the process of estate planning. The 2016 Gallup Poll determined that the percentage of Americans with a will was only 45%, leaving the other 55% of the U.S. population with no record of their wishes upon their death. Responsive Law recently released a statement stating its support for laws that would allow for greater use of electronic signatures in estate planning.
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In its statement, Responsive Law noted that “there is undoubtedly a segment of this population that is inhibited from preparing a will because of the need to have a physical signature on the document.” Responsive Law’s statement also recognizes that electronic signatures would increase the ability to create wills due to the process becoming more accessible and affordable to the public. In addition, cutting traveling and mailing costs out of estate planning could further simplify the process of getting a will, making it more likely that Americans would do so.

Several state legislatures are considering bills that would permit electronic signatures in estate planning. Florida’s SB 206, New Hampshire’s SB 40, Arizona’s SB 1298, and Indiana’s HB 1107 would all provide guidance on allowing the convenience of e-signatures while ensuring their validity.

Planning for the future after death can be harrowing for most, but it is also an important step. Responsive Law advocates for any process that can make this step easier for those who partake in it. E-signatures can greatly benefit the 55% of Americans who do not yet have a will, and Responsive Law believes that it is time to make that change a reality.

Angel Gutierrez is a Responsive Law intern.

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