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Home » Blog » Are Online Wills Legal? Things You Should Know About It
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Are Online Wills Legal? Things You Should Know About It

By Legal Desire 9 Min Read
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Something that many people neglect is drawing up their wills, especially if they have any dependents. When writing your will, you now have the option of remaining traditional with the use of paper, or you can try doing it entirely online. While this can seem daunting to some as you are not entirely sure of the safety and legitimacy behind an online will, it is not much different from what you already know. The best way to prepare your online will is to make it as specific and thorough as possible. This includes a full listing of all beneficiaries, including the full name and address of each beneficiary – just because creating a will online may be less expensive upfront than using an attorney’s services doesn’t mean that it can’t prove more costly in the future if your beneficiaries have to deal with a flawed document. 

Research State Requirements

Just because a will is online does not mean that it is any less detailed than a traditional will. Just like a traditional will, a will you put together on your computer must follow state requirements. Therefore, if you want to create a legal will that can easily pass muster with your state, you’ll need to research your state’s requirements. Depending on the state where you live, the process can be complicated and time consuming. If you are trying to prepare an online will, make sure to do your due diligence before you commit to doing so.

There are laws, both federal and local, that require that anyone preparing an online will be certified by the state where they live or the state where their will is being filed. Check with your state’s Department of Health and Welfare or your attorney to make sure that you are following all applicable laws.

Must Be of Sound Mind

An online will must be made by someone of sound mind to be legal and valid. However, there are some things that one must take into consideration before proceeding with the online process. The best way to avoid these problems is to ensure that you are familiar with the laws in your area and that you are ready to proceed with the execution of your will. This includes having someone prepare your will for you, if possible, which might be best to have this done by a reputable attorney or general law firm.

Free from Fraud, Duress, Influence, and Mistakes

Identity theft and fraud on the Internet is a serious issue, particularly in today’s economy. So how do we protect ourselves from identity theft on the internet, especially when it comes to a legal will? There are numerous ways to protect your privacy and prevent identity theft. One way, for example, is to use a good quality free will identity theft protection software. 

It’s relatively easy to create an online will free of fraud and duress. Firstly, you have to find someone that you feel comfortable making your wishes known to. Next, make sure that you get a written statement which states exactly what you want – be honest and open in your wishes and state all of your concerns. Then you have to make sure that you get a witness. There are plenty of people out there who can write the document for you, but it can help if you get a friend or family member to help you. Remember that you will need someone to witness your will, not just someone to sign it.

When ensuring your online will is free from fraud or duress, you will need to research the process so that you can follow a set of steps that work best for you. Once you have followed a set of steps to create your online will and have received an agreement, it’s just as important that you sign it up to your local post office. Some people prefer to have a paper copy of their online will because they find it difficult to sign online. If this is the case then you can make an online will with the assistance of a lawyer. This will help you avoid getting into any legal problems as well as having peace of mind that your documents are safe and sound.

An online will should be filled out carefully and without any omissions on the part of the executor’s knowledge or intentions. The will should be clear, precise, and accurate. It should also be signed by an authorized witness. If a will requires the signing of two or more signatures, it is necessary to have those who sign it, together with the first signer (the one who executed the document), sign both of them separately. It is not required for an online will contain a signature from each of the named living relatives who are beneficiaries. For this reason, if an online bill does not contain an explicit signature of each of its named beneficiaries, it may not be a valid document.

An executed free from undue influence or mistake will, which is also known as an executed free-form will, is one in which the testator has the power to decide the form of the distribution of his property (property that has been inherited) and the manner of distribution of that property among the named beneficiaries in accordance with the terms and conditions set forth in the document. This kind of a will is not legally binding, however, as it is not possible for the testator to change his mind on any of its provisions later on. if he wishes.

Seek Legal Counsel

It would also be advisable to hire a lawyer to help you draft an online will, which is not much different from hiring one to help with a traditional paper will. Most lawyers charge a fee in order to prepare your online will, however, there are also some lawyers who do not charge for this service. To find an experienced attorney, take some time to research online about the lawyer. Find out what kinds of cases he or she handles. It is important to choose a lawyer who will know how to use the legal tools at their disposal. If you are unsure about a particular lawyer, look at his or her client reviews before making a decision. An experienced lawyer will also be able to help you identify the differences between an estate plan and a will as to make sure you do not make a mistake when crafting your online will and you can move forward with confidence.

Conclusion

With enough research conducted, you will no doubt be able to craft an online will that is suitable for your needs, and thus make you feel more at ease knowing everything is taken care of. Be sure you are thorough, and absolutely everything is covered down to the smallest detail though, you don’t want to leave anything out as that will no doubt affect your family in the future.

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Legal Desire October 12, 2020
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