Please join me in sponsoring legislation to modernize Pennsylvania’s Probate, Estates, and Fiduciaries Code by establishing clear requirements for the creation and execution of electronic wills and related estate-planning documents and authorizing their use.

Although current law does not recognize electronic wills or electronic signatures on wills, Pennsylvanians are increasingly making e-wills under the assumption that they are creating valid documents. This has created substantial confusion in our legal system, with varied outcomes between counties.

This measure is supported by the Pennsylvania Bar Association and the Insurance Federation of Pennsylvania and adopts many key provisions from the Uniform Electronic Wills Act and the Uniform Electronic Estate Planning Documents Act, while also retaining the foundations of Pennsylvania’s PEF Code. Specifically:

• An online video and audio platform may be utilized to execute a will, provided proper procedures are followed.
• Unlike a traditional “paper and ink” will, an electronic will may be made self-proving only at the time of execution, which provides an additional security measure.
• An electronic will must be signed in the presence or electronic presence of two witnesses, unlike a traditional will, which need not be witnessed to be legally valid.
• An electronic will that does not conform to the new requirements will be recognized as valid only if it was executed in compliance with the law where the testator was domiciled at the time of execution. This allows for continuity and reciprocity but prevents forum shopping.

Allowing people to create and execute wills online will decrease the cost and increase the availability of legal assistance to areas where there are shortages. It will also benefit active-duty military personnel, as well as seniors and individuals with mobility challenges. It is expected that the incidence of individuals dying intestate will decrease.

Everyone deserves a convenient and secure way to ensure that their wishes are carried out after their passing. I welcome your support in this effort to bring Pennsylvania’s estate planning process into the 21st century.