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Common mistakes associated with digital estate plans

On Behalf of | Oct 16, 2024 | Estate Planning

Many people procrastinate about estate planning, often waiting until a personal emergency to start drafting documents. The last few years have seen an uptick in proactive estate planning. Specifically, many adults decided to establish electronic or digital estate plans.

They found online resources explaining the basic process of drafting a will or downloaded fill-in-the-blank paperwork. From there, they may have attempted to establish clear standards for distributing their property after their passing. Digital wills may seem cost-effective and efficient, but they are a risky undertaking for many modern testators. Despite how convenient and affordable they seem, they may actually leave many people with a false sense of confidence.

What are the most common mistakes and issues associated with digital estate planning documents?

Testators don’t follow the right process

Perhaps the most common mistake when establishing a digital estate plan or electronic will is to leave everything electronic. Generally speaking, testators need to print physical copies of their documents for them to be enforceable in probate court. Even if they print the documents they created, they may not follow through with getting the witness signatures necessary for valid documents. Digital paperwork may not necessarily serve the intended purpose of the testator if it results in the courts treating their estate as though they died without a will.

Loved ones can’t find the documents

Another common mistake associated with purely digital documents is that people fail to provide instructions about where to find the paperwork outlining their last wishes. Their loved ones may not be able to locate the documents and may then have to proceed with intestate succession proceedings instead of presenting the will to the courts as the testator intended.

Testators violate state regulations

Failing to get witness signatures is only one of many mistakes that people might make when drafting an estate plan using digital documents. Without an attorney to instruct them on the basic rules that apply to the succession of their resources, they might include provisions that violate state law and invalidate their documents.

The widespread availability of electronic estate planning paperwork may leave people with a false sense of confidence when they actually do not have a valid estate plan or will. Sitting down to draft a will and other basic estate planning documents with an attorney provides more effective protection in most cases. Testators who have the right support can create documents that help them actually achieve their legacy goals.