The internet has made it easier than ever before for people to access information about the legal system. They may also be able to locate fill-in-the-blank documents or even download software that can help them execute legal paperwork. It may only take a few moments to create a digital will at home on a personal computer.
In some cases, people may assume that the digital documents they created have the same authority as physical documents drafted with the assistance of an attorney. Some people draft electronic wills and expect their self-created documents to guide estate administration after they die.
Do the Delaware probate courts typically recognize digital or electronic wills during probate proceedings?
Delaware requires physical wills
Although laws have begun changing to allow for electronic or digital wills in some jurisdictions, Delaware has not yet adopted a statute legitimizing electronic wills. Recently, there were changes to the law allowing for the digital execution of trust paperwork in qualifying cases.
However, wills still need to be physical documents featuring actual signatures. Physical documents can be easier for families to locate. They are also easier to validate, as digital documents could be easy for those with nefarious intentions to modify or replace without state standards for verifying the content and the identity of the party drafting the will. Electronic documents could help supplement physical estate planning paperwork, but they cannot currently fully replace a written will.
Sitting down to discuss personal testamentary goals can help individuals create valid and enforceable wills. Testators who know their documents meet all state standards may derive peace of mind from establishing an enforceable estate plan. While digital documents may be an option in the future, physical wills are currently still necessary in Delaware.
