Does Physically Signing Your Estate Planning Documents Matter?

In the digital age, with countless tasks being carried out online, from business deals to personal shopping, it might come as a surprise to many that some traditional protocols still hold significant importance. One of these longstanding customs is the in-person signing of your will or trust.

Here’s why it matters:

  1. Legal Verification and Validity. First and foremost, many jurisdictions require wills and trusts to be signed in person to ensure their legal validity. This process confirms that the person creating the document (the testator for a will or the settlor for a trust) is actually the one signing it. This guards against potential fraud or forgery.
  2. Witnesses. Most wills must be signed in the presence of at least two witnesses, who subsequently also sign the document. The presence of witnesses ensures that there’s unbiased proof of the testator’s intent and soundness of mind at the time of signing. Witnesses can later testify, if necessary, that the will was indeed signed freely and without any undue influence.
  3. Notary Public. Many trusts, and some wills, require the additional authentication of a notary public—a neutral third-party officer who can verify the identities of the signing parties. Notaries ensure that signers are who they claim to be, acting of their own free will, and fully understand the implications of what they’re signing.

While technology has streamlined many aspects of our lives, executing your estate planning documents is one of the few things that still needs to be done in person.

Getting Started

Ready to pull the trigger on your own estate planning? Start by booking a Peace of Mind Planning Session. You’ll fill out a questionnaire, and we’ll talk about your goals and concerns. Then we’ll present your options and our flat fees. If we decide we’re a good fit to work together, we’ll discuss next steps. And if not, that’s fine too!

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