Technological advances have made it easier than ever for people to digitally complete critical tasks. People can telecommute to work and research major transactions online. They can scan and send documents to others electronically. They can store critical records digitally and make them accessible to others across the world.
As more people adopt cutting-edge digital technology to handle business and legal matters, state law must evolve to accommodate those changes. Digital or electronic estate plans have become relatively common. There are websites that offer document templates, and there are even digital notarization services available in some jurisdictions.
The idea of drafting a will in the comfort of one’s own home is certainly appealing. Is an electronic will with a digital signature valid in Texas, or is a physical will with a wet signature necessary?
What is a wet signature?
The term “wet signature” refers to the ink from the writing implement used to sign a document. Only the original document physically signed by a person has a wet signature. Digital signatures, virtual documents or copies of signed documents are not always capable of replacing wet signatures and physical documents.
For certain critical legal paperwork, only the original physical documents with the actual wet signatures of the signing parties are legal and enforceable instruments. While digital wills are readily available online, Texas does not currently recognize the validity of electronic estate planning paperwork.
Even if testators review a will drafted by a lawyer electronically, they must print the document and physically sign it for it to be a legally enforceable document. They also need to secure the wet signatures of two competent witnesses who can validate their identity and state of mind.
Documents signed electronically or scanned digital copies of original documents are not sufficient under current Texas state law. Lawmakers may eventually adopt new statutes that allow for the use of electronic signing services. For the time being, physical documents with wet signatures are the only valid wills in Texas.
Discussing estate planning goals and concerns with an attorney can help people ensure that they have legally viable documents. A physical will can protect beneficiaries and help uphold the true intentions of a testator, provided that it is executed properly.