Arizona residents will be able to create e-wills as of July 1, 2019. The new law lets the creator of the Will (usually referred to as the Testator), the witnesses, and the notary to sign the E-Will with electronic signatures.
So, what is an “electronic signature”? Under Arizona’s new law, an electronic signature is an electronic method or process that through the application of a security procedure allows a determination that the electronic signature at the time it was executed was all of the following: (a) unique to the person using it; (b) capable of verification; (c) under the sole control of the person using it; and (d) linked to the electronic document to which it relates in a manner so that if the document is changed the electronic signature is invalidated.
As you can see, the new laws related to electronic wills require certain technological capabilities that most people do not possess, including many attorneys. It must also be noted that the Testator, Witnesses and Notary Public all need to be at the same geographic location when the E-Will is created.
So if you were hoping to just type up a Will on your computer, you may want to speak with an attorney or an IT representative.
Laura M. Trujillo
Disclaimer: This blog is for information purposes only. Legal advice is provided only through a formal, written attorney/client agreement.