Article On Revisiting Permissible Solutions For Electronic Wills In Texas

Jasmine Banks (J.D. Candidate, Texas Tech University School of Law) recently published an article entitled, Turning A Won’t Into A Will: Revisiting Permissible Solutions For Electronic Wills In Texas, Texas Tech University School of Law, Estate Planning & Community Property Law Journal, Vol. 8 Book 1, Fall (2015). Provided below is an abstract of the article:

    Statistics show that the majority of individuals who will read this do not have a will; as many as 61% of individuals die intestate. The reasons for foregoing the creation of a will include: “I haven’t gotten around to it,” “It’s not urgent,” or “I don’t have a lawyer.” Today’s technology has shaped society into one that allows individuals to conduct daily tasks from one electronic device. In an era when one can use an iPad to create grocery lists or a camera phone to record videos for YouTube, there is no reason for an individual not to have a will. Wills are extremely important; lack of a will can cause an individual’s property to distribute to unintended individuals or, even worse, escheat to the state. In times when an individual may unexpectedly meet their demise, one cannot afford not to have a will. Estate planning, specifically will formation and execution, is not exempt from these changes in technology, and courts often must decide how to adapt current laws to existing technology. How can the law ensure efficient estate planning in any area if, at the time of the individual’s death, his or her assets cannot be distributed due to an incorrect will?