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Electronic Wills At Our Fingertips: Should They Be Admitted to Probate?



by Kyle B. Gee
Spieth, Bell, McCurdy & Newell Co., L.P.A. - Cleveland Office

February 14, 2014

Previously published by Cleveland Metropolitan Bar Association Journal on December 2013

In 2013, an Ohio court admitted to probate an electronic will handwritten and signed on a tablet computer. The testator was hospitalized and "did not have any paper or pencil," wrote the Court. Other jurisdictions have faced similar questions when presented with testamentary documents in electronic format and unusual circumstances. By use of real examples, this article illustrates the tension between strict adherence to historical (and statutory) will execution formalities, and the practical realities of living in the modern digital era, in which more than one-third of adult Americans own a tablet computer.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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Author
 
Kyle B. Gee
Practice Area
 
Trusts & Estates
 
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