Establishes and modifies provisions relating to the probate code
If enacted, HB2109 will effectively repeal several existing sections of the probate code while enacting new sections that outline how electronic wills and estate planning documents can be legally executed and witnessed. The legislation stipulates that electronic signatures and communications among involved parties can substitute traditional methods, which is predicted to streamline the estate planning process. By legitimizing electronic wills, the bill seeks not only to simplify procedures for individuals but also aims to help alleviate the backlog of court proceedings related to probate matters, reflecting a necessity for efficiency in the judicial system.
House Bill 2109 proposes significant changes to the Missouri probate code by establishing the 'Missouri Electronic Wills and Electronic Estate Planning Documents Act'. The bill aims to facilitate the execution of wills and estate planning documents using electronic means, allowing for remote notarization and testimony. This change acknowledges modern technological advancements and aims to increase accessibility for individuals looking to create or update their wills and estate planning documents without being physically present. The shift to electronic documents is especially pertinent in light of challenges posed by situations like the COVID-19 pandemic, where physical presence could compromise public health.
Despite its push for modernization, the bill has raised some points of contention. Critics may argue that electronic wills could lead to complications if proper safeguards are not in place to prevent fraud or undue influence during remote execution. Clarity is needed on matters regarding the authentication of identities and ensuring that the intent of the testator is preserved when executing documents electronically. Additionally, concerns have been voiced regarding the accessibility of technology among various demographics, which could inadvertently exclude certain individuals from benefiting from these new provisions.