Electronic Will Signing - New Law

Minnesota’s 2023 legislative session proved to be one of the busiest in the state’s recent memory. Among the numerous legislative changes is the newly enacted Uniform Electronic Wills Act. This Act reworks Minnesota Statutes Section 524 and adds Minnesota to the small but growing list of states recognizing the use of electronic wills. As summarized below, the relevant changes will make the estate planning process more accessible for Minnesotans statewide when they take effect on August 1, 2023.

The primary change can be found in the legislature’s definition of “Will” – which has been amended to include electronic wills; any codicil to an electronic will; and any testamentary instrument revoking, revising, or appointing an executory to an electronic will. Accordingly, “Electronic Will” has been defined broadly as any will or codicil that is 1) created, signed or maintained in an electronic form; 2) retrievable; and 3) capable of verifying that the writing of the electronic will has not been altered after its signing.

Elsewhere, the legislature has taken steps to address questions of how to properly sign and witness electronic wills. In short, the acknowledgement of the testator and affidavits of witnesses no longer must be made before a notary but rather may be made in the presence of one. Along these lines, “Presence” or “conscious presence” have been defined as 1) being in the same physical location as the testator; or 2) being in a state of communication with the testator by means of an electronic device allowing an individual to see and hear the testator as if they were in-person. Definitions for “Signed” or “signing” have also been expanded to include electronic symbols or marks that signify an intent to execute, witness, or authenticate the writing.

Our estate planning attorneys at Bernick Lifson P.A., Sally Forbes Friedman and Richard Bunin, are prepared to navigate Minnesota’s new estate planning laws in a way that affords you confidence, flexibility, and peace of mind. Call or email us at: 763-546-1200.