Let’s assume you have created a valid E-Will, now what?
Under Arizona law the E-Will must be in the custody of a “qualified custodian” at all times. But who is or is not a qualified custodian? A qualified custodian must not be related to the Testator (person creating the E-Will) by blood, marriage, or adoption. The qualified custodian must not be a devisee under the E-Will or related to a devisee by blood, marriage, or adoption. Basically, you will have to obtain the services of an outside third party.
A qualified custodian is a person or company who must consistently employ and store electronic records of electronic wills in a system that protects electronic records from destruction, alternation or unauthorized access and detects any change to the record.
Most Arizonans do not currently have the capabilities to serve as a qualified custodian, but I’m sure many are looking into who they will be able to serve as a custodian for their clients.
Laura M. Trujillo
Disclaimer: This blog is for information purposes only. Legal advice is provided only through a formal, written attorney/client agreement.