Technology Is Not Dead, But You ‘Will’ Be: Deconstructing The Concept Of Electronic Wills In The US

Vedanti Singhal, B.A. LL.B., O.P. Jindal University

ABSTRACT

The realm of probate law does not exist in a vacuum and is naturally a victim of the boundless intervention of technology. In lieu of jumping on the bandwagon, States have made reluctant attempts towards retreat from testamentary formalities by relaxing the traditional will requirements. Writing on a paper, the standardized will, is no longer the only way to create a traceable record of one’s testamentary intent. Nevertheless, widespread acceptance awaits. This paper discusses the fundamental transition from traditional wills to electronic wills (e-wills) in the United States. In furtherance, it analyzes the shortcomings of e-wills and proposes an advanced manifestation of e-wills which relies on blockchain technology to remedy the relevant imperfections. Contemporary nations are not yet adequately equipped for its execution, but it has the unrealized potential to influence inheritance laws with an undercurrent of convenience in the future.