As of August 1, 2023, the Electronic Wills Act went into effect under Minnesota law. Many requirements remain the same, but the Act expanded the definitions of certain terms to allow for inclusion of various electronic processes to assist in executing a will. This includes the definitions for “writing,” “signed,” “witnessing,” and “presence.” The Act also allows for attestation of self-proving wills to be made in the electronic presence of a notary.
To create a valid will in Minnesota, a will still must be:
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- Made by a person age 18 or older of sound mind
- In writing
- Signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction or signed by the testator’s conservator pursuant to a court order
- Signed by at least two individual witnesses, each of whom signed within a reasonable time after witnessing either: the signing of the will; or, the testator’s acknowledgment of either the signature on the will or the will
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While the new law seems to expand access to estate planning to a wider audience, it also raises some issues for which we don’t yet have answers. For example, will electronic wills be allowed to be probated informally? Is it going to create questions regarding testator capacity when witnessed electronically? Overall, is the validity of this type of will going to be harder to establish?
It’s important to note the Act only applies to electronic wills, and does not include trust agreements. Regardless of the approach taken in setting up an estate plan, a consultation with a qualified attorney should be your first step to ensure the appropriate procedures are done to create a valid estate plan. Contact us today to learn more.
Legal services provided by Andrew Kremer Law
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