This bill specifically provides that for estates of decedents whose date of death occurs on or after January 1, 2021, a will does not become invalid solely due to its electronic nature. Additionally, it allows for the recognition of non-compliant wills as long as there is clear and convincing evidence demonstrating the testator's intent, thus broadening the scope of what constitutes a valid will in California. As electronic wills become more commonplace, this could lead to a shift in probate practices and a potential increase in the efficiency of estate management.
Assembly Bill 1667, introduced by Assembly Member Santiago, proposes to amend existing laws regarding the execution of wills in California to include provisions for electronic wills. The bill seeks to facilitate the use of electronic records and signatures in creating and managing wills, thereby modernizing the probate code to reflect current technological advancements. It aims to ease the process of will execution by allowing documents stored electronically and signed digitally to be considered valid under the law, which can significantly impact how estates are managed posthumously.
The sentiment around AB 1667 is generally positive, with proponents highlighting the benefits of modernizing the will execution process to accommodate digital advancements. Supporters argue that electronic wills will make estate planning more accessible, especially for younger generations who are more accustomed to digital solutions. However, there are concerns regarding the risk of fraud and challenges associated with authentication, which might raise alarms among certain legislators and constituents wary of shifts from traditional practices.
While the bill seeks to innovate California's probate laws, it also evokes discussions about ensuring sufficient protections against fraud and undue influence in the electronic environment. Critics express concerns about the authenticity of electronically signed wills and the ease with which individuals might manipulate such documents to their advantage. The bill's requirement for the California Law Revision Commission to study these issues further emphasizes the importance of crafting legislation that balances modernization with necessary safeguards.