Digital technology has made life vastly more convenient for most people. They can check the balance on their credit cards or acquire a plane ticket with just a few clicks. They can learn about the law and track important news stories.
Digital technology also creates certain pitfalls that didn’t exist a few years ago. There are many kinds of fraud prevalent online. Additionally, misinformation abounds on the internet. People often misunderstand their rights and what they can feasibly do with digital resources.
Recent years have seen an explosion in the popularity of digital or electronic wills. Instead of crafting a written document with the help of an attorney, some people use digital templates that they download from the internet. It only takes a few minutes to plug in the details of someone’s personal holdings and the beneficiaries who they want to inherit their property.
Are electronic wills valid and enforceable estate planning documents in Rhode Island?
Rhode Island does not accept digital wills
Advances in technology have created several potential new formats for people establishing a last will. They could make an audio recording of their voice indicating their wishes for asset distribution after their passing. They could record a video of themselves verbally explaining their testamentary wishes. They could also draft digital documents that they save electronically.
Unfortunately for those living in Rhode Island, the state does not recognize any of those options as valid will. For the Rhode Island probate courts to recognize a will as a legal instrument, it needs to be a written document. Typically, a testator who drafts a will must sign it and must also have witnesses sign the document. Notarization is not necessary.
Electronic wills leave people unprotected
Some people who have drafted and saved digital wills believe they have an enforceable estate plan when in reality they do not. If they die, the courts are unlikely to acknowledge the electronic will they created. The state may then treat their estate as though they died intestate or without any estate plan at all. Additionally, the choice to draft digital documents usually means forgoing the assistance of an estate planning attorney. Without legal guidance, it is quite easy for people to make mistakes that compromise the legality of the document they draft.
Sitting down to discuss estate planning wishes with an attorney is almost always the best option for adults in Rhode Island. People who take the time to draft enforceable documents can feel more confident about their legacies and about the protection of their loved ones after they die.