Legacies of a Pandemic: Remote Attestation and Electronic Wills

The coronavirus pandemic has compelled governors and legislatures to fast-track remote attestation laws, a previously prohibited form of witnessing that has largely been left out of the thoughtful, nearly two-decades-long but largely unsuccessful, effort to validate electronic wills. This Article examines the unforeseen problems that have arisen in the rush to institute remote attestation in the current crisis, urges lawmakers to interpret the presence requirement as encompassing remote attestation, and predicts that the current experiment with remote attestation will speed the enactment of electronic-will legislation.

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