4 Pros and 4 Cons of Signing your Will online/electronically

written by
Rebekah Wightman
updated on
December 15, 2022

There are of course pros and cons to electronically signing your will on-line. I will outline 4 pros and 4 cons. 

Pros:

  1. Convenient: Time is so precious and the convenience that signing your will online provides cannot be beat. The fact that you don’t even have to be in the same place as your spouse when signing means no babysitter, no schedule stress, just show up and get it done. I had one couple where the husband was on-site wearing his hard hat and safety gear and just took a quick break from the jobsite to sign his will. We all know this is a to-do that needs to get checked off, but it just feels cumbersome to get done, signing online reduces so many of the everyday obstacles that previously interfered with getting this done.  
  2. Efficient: As with most on-line signing programs, the software directs where and when to sign making it so that signing appointments take much less time. In fact, the whole process generally takes much less time than if you did it on your own or when to a traditional law firm. For example, using Legal Zoom, Rocket Laywer or any of the other DIY services, you are left to find the witnesses and notary to get the documents signed. This can be a very labor intensive and scheduling intensive process. Additionally, if you go to a law firm, they generally will provide all of this for you, but the process to complete your will is still generally going to last longer than when done online because the availability required is much less than in a traditional law firm process. 
  3. Increased Security Measures: Due to the fact that this is unprecedented in the legal industry and there are many many who are still concerned about the opportunity for fraud and abuse, particularly of the elderly, the requirements for electronic witnessing and notarization are much more rigorous than when signing in person. A video recording must be kept of the session. A notarization journal entry must be made. There are just several ways in which the code requires best practices rather than allowing those to be optional like they are in when you are signing in person. 
  4. Germ Reduction: While I think we all learned that we’d rather be around each other and sick than never socializing, it’s still an added comfort that germs won’t get spread during this transaction. I know for several of my clients this has been a great comfort. 

Cons:

  1. Not all jurisdictions may recognize validity: The number one con to electronic will signing in my view is that not all jurisdictions may recognize the validity of your will. They should, and we have the Full Faith and Credit clause of the United States Constitution to back up that they should, but I don’t know of a person on the planet that hopes to be the first to enforce that with their will. Ha. So, if you have property in a jurisdiction that doesn’t currently support electronic signing of wills, even if you live in the state that does, an electronic will signing might not be the best for you. 
  2. Less-Traditional: This is kinda a pro and a con, but the legal realm is a very tradition-steeped field. And there is more than one influential soul in the legal realm routing against this innovation. I don’t understand why. This seems to be the way the world is going and that we are best served by exploring this. It allows us to better serve clients and those with legal needs, but it is definitely just beginning to take hold in this area and with that will come growing pains. 
  3. Fraud Claims More Easily Made:I take issue with this criticism, but it is brought up so frequently that I felt to address it. It is true that you aren’t in control of who is in the room with the signer on the other end. It is true that someone could be pressuring or forcing them and it would be out of sight for you because the camera can be manipulated to only show a portion of the room where the person is, and those things are not problems when the person has to come in. And if this is your worry/point with feeling like there is an increased chance of fraud, then I suppose you are right, but I also feel that the likelihood of that occurring vs. it actually just being a really great solution for someone when it is hard to get out of their house, outweighs this. Additionally, that is why having an attorney involved is so important so that the human component there can assess if perhaps a particular matter needs to be escalated to an in-person signing. 
  4. Technology is not Fool Proof: Lastly, technology is not fool-proof, it’s not always the easiest to navigate and sometimes it can just be tricky for users to appropriately sync audio or video as required for this transaction to occur. That is hard, and without having a team of people that can go to everyone and set the users up for success, there is just always going to be a margin of folks for whom technological breakdowns occur of one sort or another. 

Knowing the pros and cons can definitely help you to be informed and empowered to make a choice regarding which will signing route will better align for you. 

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We are happy we did our will through Rebekah! We live hundreds of miles from her, and she had everything set up to make it easy to do remotely.
Anna S.
St. George, UT
No one wants to think about their potential demise, but this software, paired with the attorney face-time, simplifies the process, explains everything in layman’s terms, and helps you make decisions based on your personal life situation.
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Herriman, UT
The online process made putting our will together easy and hassle free. Rebekah took time to answer any questions we had and provided us with informational videos to help us through the process and the will.
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Salt Lake City, UT
My husband and I both knew we needed to work on our will, but we didn’t know where to start and the whole thing seemed overwhelming. The software to create the will and medical directive was simple to use.
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