Minnesota’s 2023 Legislative session unanimously passed legislation to allow for electronic wills and remote witnessing in the “E-Will Act.” Traditionally a Will was only deemed to be validly executed if the testator had to sign it in ink, in front of two witnesses – also appearing in person. The new law, which will go into effect on August 1, 2023 allows for three new ways to execute a Will in Minnesota:

• Signing Paper Separately. Each party to the will (the testator and the witnesses) could print their own signature page and sign them in ink from separate locations while watching one another sign via a remote audio-visual call such as Zoom or Google Hangouts. The original signed pages should then be compiled and sent to the attorney to create a complete document and verify the signatures.
• Electronically Signing – Together. The parties (testator and witnesses) can all electronically sign the Will while together in the same place. Signatures in this style should be done via a finger or stylus-created signature.
• Electronically Signing – Separately. The parties (testator and witnesses) can all electronically sign the Will from separate, individual, electronic devices all signing the same electronic document via remote audio-visual means.

This law change has done a great job of embracing the technology we’ve all come to know and love (or at least tolerate) in recent years. We must encourage everyone to exercise caution when trying to facilitate a Will signing on your own. Simply meeting the requirement of signing in front of two witnesses does not alone make a Will valid. Addressing the capacity of the Testator and taking care to ensure the document itself is legally sound and reflective of the Testator’s wishes is extremely important.

The team at MZ Law has the technology to arrange for any of the Will signings described above, as well as the capability to perform remote notarization. If you would like to set up a Will signing, whether in-person or electronically, contact us today.