Summary
This law review article examines the historical development of the writing requirement for wills and explores the feasibility of electronic wills, focusing on Nevada’s pioneering statute (Nev. Rev. Stat. § 133.085) that authorizes electronic wills with requirements such as an electronic signature, biometric authentication, and a single authoritative copy, though it remains unimplemented due to technological barriers. It discusses the policies underlying will formalities (preventing fraud, preserving testamentary intent, and facilitating probate), the exclusion of wills from the Uniform Electronic Transactions Act, and the challenges of adapting traditional execution formalities to digital formats. The article ultimately advocates for modernizing wills law to accommodate electronic records while addressing security and authentication concerns.
Topics
Holdings
- An audiotape recording does not satisfy the writing requirement for a holographic will; extending the statute to include tape recordings is a matter for the legislature.
- Under evidence law, sound recordings may be admitted as writings if properly authenticated.
- The Uniform Electronic Transactions Act specifically excludes wills, codicils, and testamentary trusts from its scope.