Electronic wills: Digital last words

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  Quantumrun Foresight
• July 3, 2024

Insight summary

The transition to electronic wills marks a significant shift in how we think about estate planning, incorporating digital assets alongside traditional ones. While not always legally binding like their paper counterparts, these digital wills offer a way to guide loved ones in managing online legacies. As society, businesses, and governments adapt to this change, it prompts a reevaluation of legal frameworks, security measures, and personal approaches to legacy planning, shaping the future of estate management.

Electronic wills context

The concept of a will has expanded beyond the traditional paper document to include digital assets and accounts. An electronic or digital will serves as an inventory and directive for managing digital properties, such as online accounts, social media profiles, and electronic documents, ensuring they are addressed in one's estate planning. However, unlike a traditional will that undergoes probate and is legally binding, a digital will often acts as an informal guide without the same legal weight to aid loved ones in accessing or managing digital legacies.

While a digital will outlines the management of digital assets, a traditional will encompasses the distribution of physical and monetary assets upon death. The latter must meet specific legal criteria to be validated through probate, including being of legal age and sound mind and having the will witnessed. In the US, states have begun recognizing the need for electronic wills through legislation like the Uniform Electronic Wills Act, indicating a shift towards integrating digital processes in estate planning despite the limited legal standing of digital wills.

Moreover, the legal landscape around digital assets is evolving, with nearly every state adopting the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) since 2015. This legislation allows appointed fiduciaries legal access to online accounts. This development highlights a shift in estate planning, requiring a broader understanding and consideration of our digital footprints. As this field continues to develop, individuals may need to navigate traditional and digital elements to ensure a comprehensive legacy plan.

Disruptive impact

This trend enables a more streamlined process for estate planning, particularly for those with substantial digital assets, by simplifying the management and transfer of digital properties like social media accounts or online businesses. However, concerns about security and the potential for digital manipulation or hacking could lead to disputes over the will's authenticity. Individuals may need to become more vigilant in securing their digital legacies, ensuring their final wishes are accurately and securely documented.

Meanwhile, companies specializing in digital security, cloud storage, and legal tech may find new growth opportunities. These businesses can offer solutions like secure digital vaults or legal software that complies with varying state laws. However, this shift also poses challenges for businesses in terms of privacy concerns and the need for solid security measures to protect sensitive client information. Companies may have to navigate these challenges carefully to maintain trust and reliability.

For governments, the rise of electronic wills requires an update in legal frameworks to address the unique challenges posed by digital assets and their management after death. Legislatures may need to consider new laws or amendments to existing laws to ensure that electronic wills are treated with the same legal standing as traditional wills, including provisions for their authentication and execution. This trend also has implications for international law, as digital assets often cross borders more seamlessly than physical assets, requiring cooperation and legal harmonization between countries. 

Implications of electronic wills

Wider implications of electronic wills may include: 

• Legal frameworks adapting to recognize electronic wills, resulting in streamlined probate processes and reduced legal disputes.


• Tech companies developing more secure digital storage solutions, ensuring the safety of personal and sensitive data contained in electronic wills.


• A rise in awareness about digital legacy, prompting individuals to think critically about their online presence and data after death.


• The legal profession requiring new specialties in digital estate management, creating new career paths and educational programs.


• An increase in accessibility to estate planning services, especially for those with mobility issues or in remote areas.


• Financial institutions evolving their protocols to interact with electronic wills, affecting how accounts and assets are transferred posthumously.


• Social media platforms offering more comprehensive legacy options, influenced by the growing importance of digital wills.


• Reduced paper-based legal documents, contributing to sustainability efforts in the legal sector.

Questions to consider

• How might the shift to electronic wills change your approach to digital asset management in estate planning?


• How could electronic wills impact the privacy and security of your personal information online?