Can’t we just e-sign our Wills? Clients are surprised to learn that under Minnesota law, a Will must be signed on physical paper, in ink, and in the physical presence of two witnesses. Since many legal contracts can now be signed by electronic signature, Will signing formalities might seem to be stuck in the 1950’s. I was once told by a woman at the end of our last date that I belonged in the 1950’s. I therefore deem myself a good fit for the estate planning bar.
To bring Will signing formalities out of the 1950’s, Minnesota Governor Walz recently signed into law the Electronic Wills Act (“Act”). This month’s update summarizes how to sign a valid electronic Will (“E-Will”) under the Act, but also explains why, as a firm focused on the implementation of client-specific, comprehensive, and tax-efficient estate plans, the Act will have little relevance to our firm’s estate planning practice.