The Minnesota Electronic Wills Act

On March 30, 2023, Governor Tim Walz signed the Minnesota Electronic Wills Act, which, as the name sounds and as is discussed below, provides for the remote, electronic execution of a will in Minnesota.  The Minnesota Electronic Wills Act (the “Act”) goes into effect starting August 1, 2023.

The Act does not change existing law regarding the requirements for a valid will.  Summarizing current law, a valid will still requires (i) the testator to be at least 18 years old and of sound mind; (ii) the will is in writing; (iii) the will is signed by the testator; and (iv) the will is signed by at least two individuals, each of whom signed after witnessing the testator sign the will.

What the Act does is broaden the definitions of key terms in the existing law, namely (i) “writing”; (ii) “signed”; (iii) “witnessing”; and (iv) “presence”, to account for current electronic means of communication (i.e., video or Zoom).

“Writing” has been expanded to include a digital format of the will.  No longer required is the physical, paper will that is kept in your fireproof safe or your attorney’s office. A digital, stored medium is now sufficient. “Signed” now includes “an electronic symbol, signature, mark, or process.” In essence, a will may be executed by DocuSign, or similar processes. This includes not only the testator’s signature but witnesses as well.

“Witnessing” and “presence” are the definitions where the Act really presents a new frontier for estate planning.  “Witnessing” means “observing or authenticating the testator’s signing or acknowledgement of signing a will by the individuals in the presence of the testator….” “Presence” is further defined as “being in a state and communicating simultaneously with the testator by means of an electronic device or process by sight and sound to substantially the same extent as if the individual were in a physical location in relation to the testator.”

Per the Act, witnessing a will no longer requires the witnesses to physically be in the room with the testator, watching him sign.  The Act now allows for witnesses to “witness” the signing remotely, so long as the communication means are sufficient so the witnesses and the testator may see and hear each other.  In other words, will signings via Zoom are now valid.

The Act does not do away with the “traditional” execution of a will, and here at Smith Jadin Johnson, PLLC we have no plans to discard the formal will signing process. But we take pride in being on top of the law and how changes affect our clients. If you would like to learn more about the Minnesota Electronic Wills Act and how it relates to your estate plan, please give us a call.