On May 9, the House of Delegates of the Pa. Bar Association approved a joint recommendation of the Real Property, Probate and Trust Law and Elder Law Sections to support legislation that would allow both electronic wills and electronic forms of other kinds of estate planning documents in Pennsylvania. Although the joint task force of the sections drafted legislation that was reported to the House of Delegates, no bill has yet been introduced in the legislature. The approval by the PBA of a draft of legislation nevertheless represents an important step towards the recognition of electronic wills in Pennsylvania.

The draft legislation would create a new Chapter 26, to be known as the Uniform Electronic Wills Act, and a new Chapter 40, to be known as the Uniform Electronic Estate Planning Documents Act, within the Probate, Estates, and Fiduciaries Code, Title 20 of the Pa. Consolidated Statutes, as well as make other conforming amendments to other sections of Title 20. Both chapters are adopted from uniform acts with the same names promulgated by the Uniform Law Commissioners.

Chapter 26 would include various new definitions, such as the “record” of an electronic will, and what it means to “sign” an electronic will. Unlike a will on paper that is signed with ink, which is valid if signed at the end, and does not require subscribing witnesses, the proposed formalities for an electronic will are going to require two subscribing witnesses, whose presence can be electronic and whose signatures can also be electronic. There are also provisions for making an electronic will self-proving, and for creating a certified paper copy of an electronic will.

Chapter 40 would extend similar definitions and principles to other kinds of estate planning documents, including trusts, powers of attorney, health care powers of attorney and advance health care directives, elections against wills, disclaimers and releases, and other instruments relating to those kinds of documents, but would not apply to deeds.

A more detailed summary of the draft legislation will be prepared and published if and when it is introduced into the legislature and enacted.