The proposed Uniform Electronic Estate Planning Documents Act of 2025 seeks to authorize the electronic execution and signing of non-testamentary estate planning documents, such as trusts and powers of attorney, thereby addressing a legal gap in the District of Columbia. This act complements existing laws, including the Uniform Electronic Transactions Act and the Uniform Electronic Wills Act, by clarifying that estate planning documents can be executed electronically. Key provisions include the recognition of electronic signatures, the ability to notarize and witness documents electronically, and the admissibility of electronic records in legal proceedings. The act emphasizes the importance of retaining electronic records accurately and ensuring their accessibility, thus granting electronic estate planning documents the same legal weight as traditional documents.
Additionally, the bill introduces a new chapter in the District of Columbia Official Code, detailing definitions and specific rules regarding electronic non-testamentary estate planning documents. It includes a transition provision stating that the act applies to documents created, signed, or stored before, on, or after its effective date. The UEEPDA also modifies the Electronic Signatures in Global and National Commerce Act while maintaining certain provisions related to electronic delivery of notices. By validating electronic estate planning documents and allowing for their electronic notarization and witnessing, the act aims to modernize the estate planning process, increase access to legal services, and promote convenience for individuals who prefer electronic transactions.