Uniform Electronic Estate Planning Documents Act of 2025

Government of the District of Columbia
UNIFORM LAW COMMISSION
  

January 7. 2025

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
The John A. Wilson Building,
1350 Pennsylvania Avenue, NW
Washington, DC 20004

RE: Request for introduction of the Uniform Electronic Estate Planning Documents
Act.

Dear Chairman Mendelson:

Pursuant to Rule 401(b)(1) of the Rules of Organization and Procedure for the
Council, this is to request, on behalf of the District of Co lumbia Uniform Law
Commission, that you introduce the proposed “Uniform Electronic Estate Planning
Documents Act of 2025.” The act was completed by the Uniform Law Commission in
2022 and has been enacted thus far in four states and introduced in two additional states,
including Virginia.

The Uniform Electronic Estate Planning Documents Act would fill a gap in the
law regarding the execution of certain estate planning documents, including trusts and
powers of attorney. The act would complement two laws enacted by the Council —the
Uniform Electronic Transactions Act, D.C. Law 14 -38, Chapter 35, which authorizes the
electronic execution of bilateral contracts if the parties to a transaction agree, and the
Uniform Electronic Wills Act, D.C. Law 24 -296, which authorizes the testator of a will
and w itnesses to execute the will in electronic form. Neither of these acts expressly
authorizes electronic execution of trusts, powers of attorney, and other types of estate
planning documents. The Uniform Electronic Estate Planning Documents Act would
clarify that these estate planning documents may also be executed in electronic form. It
would give District residents the same convenience and efficiency they have in handling
other financial transactions electronically.

A proposed “Uniform Electronic Estat e Planning Documents Act of 2025 ” is
being filed with this letter. In addition, the following documents have been filed: (1) a
2

summary of the uniform act; (2) a statement as to why the uniform act should be adopted;
and (3) the official version of the uniform act with comments.

I would be pleased to answer any questions and to provide any additional
information requested.

Sincerely,

James C. McKay, Jr.
Chair
D.C. Uniform Law Commission

cc: Uniform Law Commissioners

1
2 Ch Mendelson at the request of the
3 District of Columbia Law Revision Commission
4
5
6
7
8
9 A BILL
10
11
12
13
14 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
15
16 To enact the Uniform Electronic Estate Planning Documents Act, to authorize non-testamentary
17 estate planning documents to be in electronic form and to be electronically signed, and
18 for other purposes.
19
20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the "Uniform Electronic Estate Planning Documents Act of 2025".
22 Sec. 2. Title 18 of the District of Columbia Official Code is amended as follows:
23 (a) The table of contents is amended by adding at the end thereof the phrase "11.
24 Uniform Electronic Estate Planning Documents Act".
25 (b) The following new Chapter 11 is added:
26 "Chapter 11. Uniform Electronic Estate Planning Documents Act
27 "Sec.
28 "Part 1. General Provisions and Definitions.
29 "18-1101.01 Short title.
30 "18-1101.02 Definitions.
31 "18-1101. 03. Construction.
32 "Part 2. Electronic Non-Testamentary Estate Planning Documents.
33 "18-1102.01 Scope.
1
2
“18-1102.02. Principles of law and equity. 34
“18-1102.03. Use of electronic record or signature not required. 35
“18-1102.04. Recognition of electronic non-testamentary estate planning documents and 36
electronic signature. 37
“18-1102.05. Attribution and effect of electronic record and electronic signature.. 38
“18-1102.06. Notarization and acknowledgment.. 39
“18-1102.07. Witnessing and attestation. 40
“18-1102.08. Retention of electronic record; original. 41
“18-1102.09. Certification of paper copy. 42
“18-1102.10. Admissibility in evidence. 43
“Part 3. Miscellaneous Provisions. 44
“18-1103.01 Uniformity of application and construction. 45
“18-1103.02. Relation to Electronic Signatures in Global and National Commerce Act. 46
“18-1103.03. Transition provisions. 47
“Part 1. General Provisions and Definitions. 48
Ҥ 18-1101.01 Short title. 49
“This chapter may be cited as the Uniform Electronic Estate Planning Documents Act. 50
Ҥ 18-1102. Definitions. 51
“In this chapter: 52
“(1) “District” means the District of Columbia 53
“(2) “Electronic” means relating to technology having electrical, digital, 54
magnetic, wireless, optical, electromagnetic, or similar capabilities. 55
“(3) “Electronic record” means a record created, generated, sent, communicated, 56
3
received, or stored by electronic means. 57
“(4) “Electronic signature” means an electronic symbol or process attached to or 58
logically associated with a record and executed or adopted by a person with the intent to sign the 59
record. 60
“(5) “Information” includes data, text, images, codes, computer programs, 61
software, and databases. 62
“(6) “Non-testamentary estate planning document” means a record relating to 63
estate planning that is readable as text at the time of signing and is not a will or contained in a 64
will. The term: 65
“(A) Includes a record readable as text at the time of signing that creates, 66
exercises, modifies, releases, or revokes: 67
“(i) A trust instrument; 68
“(ii) A trust power that under the terms of the trust requires a 69
signed record; 70
“(iii) A certification of a trust under § 19-1310.13; 71
“(iv) A power of attorney that is durable under Chapter 20 of Title 72
21; 73
“(v) An agent’s certification under § 21-2603.02 of the validity of 74
a power of attorney and the agent’s authority; 75
“(vi) A power of appointment; 76
“(vii) An advance directive, including a health-care power of 77
attorney, directive to physicians, natural death statement, living will, and medical or physician 78
order for life-sustaining treatment; 79
4
“(viii) A record directing disposition of an individual’s body after 80
death; 81
“(ix) A nomination of a guardian for the signing individual; 82
“(x) A nomination of a guardian for a minor child or disabled adult 83
child; 84
“(xi) A mental health treatment declaration; 85
“(xii) A disclaimer under § 19-1502(3); and 86
“(xiii) Any other record intended to carry out an individual’s intent 87
regarding property or health care while incapacitated or on death; and 88
“(B) Does not include a deed of real property or certificate of title for a 89
motor vehicle, watercraft, or aircraft. 90
“(7) “Person” means an individual, estate, business or nonprofit entity, 91
government or governmental subdivision, agency, or instrumentality, or other legal entity. 92
“(8) “Power of attorney” means a record that grants authority to an agent to act in 93
place of the principal, even if the term is not used in the record. 94
“(9) “Record” means information: 95
“(A) Inscribed on a tangible medium; or 96
“(B) Stored in an electronic or other medium and retrievable in 97
perceivable form. 98
“(10) “Security procedure” means a procedure to verify that an electronic 99
signature, record, or performance is that of a specific person or to detect a change or error in an 100
electronic record. The term includes a procedure that uses an algorithm, code, identifying word 101
or number, encryption, or callback or other acknowledgment procedure. 102
5
“(11) “Settlor” means a person, including a testator, that creates or contributes 103
property to a trust. 104
“(12) “Sign” means, with present intent to authenticate or adopt a record: 105
“(A) Execute or adopt a tangible symbol; or 106
“(B) Attach to or logically associate with the record an electronic 107
signature. 108
“(13) “State” means a state of the United States, the District of Columbia, Puerto 109
Rico, the United States Virgin Islands, or other territory or possession subject to the jurisdiction 110
of the United States. The term includes a federally recognized Indian tribe. 111
“(14) “Terms of a trust” means: 112
“(A) Except as provided in subparagraph (B) of this paragraph, the 113
manifestation of the settlor’s intent regarding a trust’s provisions as: 114
“(i) Expressed in the trust instrument; or 115
“(ii) Established by other evidence that would be admissible in a 116
judicial proceeding; or 117
“(B) The trust’s provisions as established, determined, or amended by: 118
“(i) A trustee or other person in accordance with applicable law; 119
“(ii) A court order; or 120
“(iii) A nonjudicial settlement agreement under § 19-1301.11. 121
(15) “Trust instrument” means an instrument executed by the settlor that contains 122
terms of the trust, including any amendments. 123
(16) “Will” includes a codicil and a testamentary instrument that merely appoints 124
an executor, revokes or revises another will, nominates a guardian, or expressly excludes or 125
limits the right of an individual or class to succeed to property of the decedent passing by 126
6
intestate succession. 127
Ҥ 18-1101.03. Construction. 128
“This chapter must be construed and applied to: 129
“(1) Facilitate electronic estate planning documents and signatures consistent with 130
other law; and 131
“(2) Be consistent with reasonable practices concerning electronic documents and 132
signatures and continued expansion of those practices. 133
“Part 2. Electronic Non-Testamentary Estate Planning Documents. 134
Ҥ 18-1102.01 Scope. 135
“(a) Except as provided in subsection (b) of this section, this part applies to an electronic 136
non-testamentary estate planning document and an electronic signature on a non-testamentary 137
estate planning document. 138
“(b) This part does not apply to a non-testamentary estate planning document if the 139
document precludes use of an electronic record or electronic signature. 140
“(c) This part does not affect the validity of an electronic record or electronic signature 141
that is valid under: 142
“(1) Chapter 49 of Title 28; or 143
“(2) Chapter 9 of this title. 144
Ҥ 18-1102.02. Principles of law and equity. 145
“The law of the District and principles of equity applicable to a non-testamentary estate 146
planning document apply to an electronic non-testamentary estate planning document except as 147
modified by thispart. 148
Ҥ 18-1102.03. Use of electronic record or signature not required. 149
7
“(a) This part does not require a non-testamentary estate planning document or signature 150
on a non-testamentary estate planning document to be created, generated, sent, communicated, 151
received, stored, or otherwise processed or used by electronic means or in electronic form. 152
“(b) A person is not required to have a non-testamentary estate planning document in 153
electronic form or signed electronically even if the person previously created or signed a non-154
testamentary estate planning document by electronic means. 155
“(c) A person may not waive the provisions of this section. 156
Ҥ 18-1102.04. Recognition of electronic non-testamentary estate planning documents 157
and electronic signature. 158
“(a) A non-testamentary estate planning document or a signature on a non-testamentary 159
estate planning document may not be denied legal effect or enforceability solely because it is in 160
electronic form. 161
“(b) If other law of the District requires a non-testamentary estate planning document to 162
be in writing, an electronic record of the document satisfies the requirement. 163
“(c) If other law of the District requires a signature on a non-testamentary estate planning 164
document, an electronic signature satisfies the requirement. 165
Ҥ 18-1102.05. Attribution and effect of electronic record and electronic signature.. 166
“(a) An electronic non-testamentary estate planning document or electronic signature on 167
an electronic non-testamentary estate planning document is attributable to a person if it was the 168
act of the person. The act of the person may be shown in any manner, including by showing the 169
efficacy of a security procedure applied to determine the person to which the electronic record or 170
electronic signature was attributable. 171
“(b) The effect of attribution to a person under subsection (a) of this section of a 172
8
document or signature is determined from the context and surrounding circumstances at the time 173
of its creation, execution, or adoption and as provided by other law. 174
Ҥ 18-1102.06. Notarization and acknowledgment. 175
“If other law of the District requires a signature or record to be notarized, acknowledged, 176
verified, or made under oath, the requirement is satisfied with respect to an electronic non-177
testamentary estate planning document if an individual authorized to perform the notarization, 178
acknowledgment, verification, or oath attaches or logically associates the individual’s electronic 179
signature on the document together with all other information required to be included under the 180
other law. 181
Ҥ 18-1102.07. Witnessing and attestation. 182
(a) If other law of the District bases the validity of a non-testamentary estate planning 183
document on whether it is signed, witnessed, or attested by another individual, the signature, 184
witnessing, or attestation of that individual may be electronic. 185
(b) In this subsection, “electronic presence” means that two or more individuals in 186
different locations are able to communicate in real time to the same extent as if the individuals 187
were physically present in the same location. If other law of the District bases the validity of a 188
non-testamentary estate planning document on whether it is signed, witnessed, or attested by 189
another individual in the presence of the individual signing the document, the presence 190
requirement is satisfied if the individuals are in each other’s electronic presence. 191
Ҥ 18-1102.08. Retention of electronic record; original. 192
“(a) Except as provided in subsection (b) of this section, if other law of the District 193
requires an electronic non-testamentary estate planning document to be retained, transmitted, 194
copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an 195
9
electronic record that: 196
“(1) Accurately reflects the information in the document after it was first 197
generated in final form as an electronic record or under§ 18-1102.09; and 198
“(2) Remains accessible to the extent required by the other law. 199
“(b) A requirement under subsection (a) of this section to retain a record does not apply 200
to information the sole purpose of which is to enable the record to be sent, communicated, or 201
received. 202
“(c) A person may satisfy subsection (a) of this section by using the services of another 203
person. 204
“(d) If other law of the District requires a non-testamentary estate planning document to 205
be presented or retained in its original form, or provides consequences if a non-testamentary 206
estate planning document is not presented or retained in its original form, an electronic record 207
retained in accordance with subsection (a) of this section satisfies the other law. 208
“(e) This section does not preclude a governmental agency from specifying requirements 209
for the retention of a record subject to the agency’s jurisdiction in addition to those in this 210
section. In this section, “governmental agency” means an executive, legislative, or judicial 211
agency, department, board, commission, authority, institution, or instrumentality of the federal 212
government or ofthe District. 213
Ҥ 18-1102.09. Certification of paper copy. 214
“An individual may create a certified paper copy of an electronic non-testamentary estate 215
planning document by affirming under penalty of perjury that the paper copy is a complete and 216
accurate copy of the document. 217
Ҥ 18-1102.10. Admissibility in evidence. 218
10
“Evidence relating to an electronic non-testamentary estate planning document or an 219
electronic signature on the document may not be excluded in a proceeding solely because it is in 220
electronic form. 221
“Part 3. Miscellaneous Provisions. 222
Ҥ 18-1103.01 Uniformity of application and construction. 223
“In applying and construing this uniform act, a court shall consider the promotion of 224
uniformity of the law among jurisdictions that enact it. 225
Ҥ 18-1103.02. Relation to Electronic Signatures in Global and National Commerce Act. 226
“This chapter modifies, limits, or supersedes the Electronic Signatures in Global and 227
National Commerce Act, 15 U.S.C. § 7001 et seq, but does not modify, limit, or supersede 15 228
U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 229
7003(b). 230
Ҥ 18-1103.03. Transition provision. 231
“This chapter applies to an electronic non-testamentary estate planning document created, 232
signed, generated, sent, communicated, received, or stored before, on, or after the effective date 233
of this chapter.” 234
Sec. 3. Fiscal impact statement. 235
The Council adopts the attached fiscal impact statement as the fiscal impact statement 236
required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 237
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). 238
Sec. 4. Effective date. 239
This act shall take effect following approval by the Mayor (or in the event of veto by the 240
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 241
11
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 242
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 243
Columbia Register. 244

111 N. Wabash Ave.
Suite 1010 Uniform Law Commission Chicago, IL 60602
NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS (312) 450-6600 tel
(312) 450-6601 fax
www.uniformlaws.org
THE UNIFORM ELECTRONIC ESTATE PLANNING DOCUMENTS ACT
- A Summary -
The Uniform Electronic Estate Planning Documents Act (UEEPDA) expressly authorizes the use of
electronic documents and electronic signatures for common estate planning documents. The act fills a
gap in the law that created uncertainty as to whether some electronic estate planning documents were
valid.
The UEEPDA is based on a successful model. The Uniform Electronic Transactions Act (UETA), which
the Uniform Law Commission approved in 1999 and since adopted in 49 states, authorizes the use of
electronic contracts and signatures in commerce. This uniform state law helped facilitate the growth of
internet-based commerce by ensuring the enforceability of electronically executed transactions. However,
UETA applies only to bilateral agreements between two parties who agree to conduct business
electronically.
Estate planning documents, such as trusts and powers of attorney, are executed by a single individual
for the purpose of carrying out the individual’s wishes regarding property or health care at the time of the
individual’s death or disability. Because these unilateral documents do not fall within the scope of
UETA, their validity could potentially be challenged. This uncertain legal status caused estate planners to
require paper and ink documents even for clients who preferred to conduct business electronically.
The UEEPDA corrects this anomaly by providing UETA-like rules for electronic estate plans:
1. The use of electronic estate planning documents and signatures is optional.
2. An estate-planning document may not be denied legal effect solely because it is in electronic form
or electronically signed.
3. An electronic signature is attributable to a person if it was created by the act of the person,
which can be shown in any manner, including by showing the efficacy of a security procedure
applied.
The UEEPDA applies only to non-testamentary documents. Testamentary documents, such as
an individual’s will, are subject to special rules covered in the Uniform Electronic Wills Act.
UEEPDA was drafted to complement that act, which can be inserted as Article 3 of UEEPDA to provide
states with a comprehensive set of rules for both testamentary and non-testamentary electronic
estate planning documents.
For further inf ormation about the Uniform Electronic Estate Planning Documents Act, please
contact ULC Chief Counsel Benjamin Orzeske at (312) 450-6621 or borzeske@uniformlaws.org.
The ULC is a nonprofit formed in 1892 to create nonpartisan state legislation. Over 350 volunteer commissioners—lawyers, judges,
law professors, legislative staff, and others—work together to draft laws ranging from the Uniform Commercial Code to acts on
property, trusts and estates, family law, criminal law and other areas where uniformity of state law is desirable.

111 N. Wabash Ave.
Suite 1010 Uniform Law Commission Chicago, IL 60602
NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS (312)
450-6600 tel
(312)
450-6601 fax
www.uni
formlaws.org
WHY YOUR STATE SHOULD ADOPT THE
UNIFORM ELECTRONIC ESTATE PLANNING DOCUMENTS ACT
The Uniform Electronic Estate Planning Document Act (UEEPDA) authorizes the use of
electronic documents and signatures for non-t estamentary documents like trusts and powers
of attorney. This uniform law allows estate planners and their clients to conduct their business online
in the same manner that is already legal for electronic banking and commercial transactions.
It should be adopted in your state because:
• The UEEPDA modernizes the law of estate planning. Most people already handle their
finances and sign leases, mortgage and loan documents and other business transaction
documents electronically. That’s possible because another uniform state law ensures
electronic transactions are enforceable. UEEPDA provides similar rules for estate planning
documents, filling a gap in the law and allowing estate planners to also serve their clients
online.
• The UEEPDA will enable more people to make an estate plan. Enacting UEEPDA will
increase access to legal services for people who are homebound, travel frequently, or who just
prefer the convenience of electronic signing.
• The UEEPDA is forward-looking. Like other uniform laws, the UEEPDA uses
technology-neutral terminology to ensure the law will not become obsolete with the next
technological advancement in document security or electronic signature protocol.
• The UEEPDA complements state laws governing electronic wills. Testamentary documents
like wills are subject to different execution requirements than non-t estamentary
documents such as trusts and powers of attorney. The UEEPDA was drafted to complement
the Uniform Electronic Wills Act and can be easily combined with that act into a single
statute that will govern electronic versions of both testamentary and non-testamentary
estate planning documents.
For further information about the Uniform Electronic Estate Planning Act, please contact ULC
Chief Counsel Benjamin Orzeske at (312) 450-6621 or borzeske@uniformlaws.org.
The ULC is a nonprofit formed in 1892 to create nonpartisan state legislation. Over 350 volunteer commissioners—lawyers,
judges, law professors, legislative staff, and others—work together to draft laws ranging from the Uniform Commercial Code to
acts on property, trusts and estates, family law, criminal law and other areas where uniformity of state law is desirable.

Uniform Electronic Estate Planning Documents Act
drafted by the
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
and by it
APPROVED AND RECOMMENDED FOR ENACTMENT
IN ALL THE STATES
at its
ANNUAL CONFERENCE
MEETING IN ITS ONE-HUNDRED-AND-THIRTY-FIRST YEAR
PHILADELPHIA, PENNSYLVANIA
JULY 8–13, 2022
WITH PREFATORY NOTE AND COMMENTS
Copyright © 2022
By
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
September 28, 2022

ABOUT ULC
The Uniform Law Commission (ULC), also known as National Conference of Commissioners
on Uniform State Laws (NCCUSL), now in its 131st year, provides states with non-partisan,
well-conceived and well-drafted legislation that brings clarity and stability to critical areas of
state statutory law.
ULC members must be lawyers, qualified to practice law. They are practicing lawyers, judges,
legislators and legislative staff and law professors, who have been appointed by state
governments as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands to
research, draft and promote enactment of uniform state laws in areas of state law where
uniformity is desirable and practical.
• ULC strengthens the federal system by providing rules and procedures that are consistent from
state to state but that also reflect the diverse experience of the states.
• ULC statutes are representative of state experience because the organization is made up of
representatives from each state, appointed by state government.
• ULC keeps state law up to date by addressing important and timely legal issues.
• ULC’s efforts reduce the need for individuals and businesses to deal with different laws as
they move and do business in different states.
• ULC’s work facilitates economic development and provides a legal platform for foreign
entities to deal with U.S. citizens and businesses.
• Uniform Law Commissioners donate thousands of hours of their time and legal and drafting
expertise every year as a public service and receive no salary or compensation for their work.
• ULC’s deliberative and uniquely open drafting process draws on the expertise of
commissioners, but also utilizes input from legal experts, and advisors and observers
representing the views of other legal organizations or interests that will be subject to the
proposed laws.
• ULC is a state-supported organization that represents true value for the states, providing
services that most states could not otherwise afford or duplicate.

Uniform Electronic Estate Planning Documents Act
The Committee appointed by and representing the National Conference of Commissioners on
Uniform State Laws in preparing this Act consists of the following individuals:
Suzanne B. Walsh Connecticut, Chair
Mary Ackerly Connecticut
Turney P. Berry Kentucky
James W. Dodge Illinois
David M. English Missouri
Marc S. Feinstein South Dakota
Jacqueline T. Lenmark Montana
Donald E. Mielke Colorado
Bradley Myers North Dakota
David G. Nixon Arkansas
Robert H. Sitkoff Massachusetts
Susan D. Snyder Illinois
Dan Robbins California, President
Nora Winkelman Pennsylvania, Division Chair
Other Participants
Gerry W. Beyer Texas, Reporter
Benjamin K. Sanchez Texas, American Bar Association Advisor
John T. Rogers California, American Bar Association Section
Advisor
Nathaniel Sterling California, Style Liaison
Tim Schnabel Illinois, Executive Director
Copies of this act may be obtained from:
Uniform Law Commission
111 N. Wabash Ave., Suite 1010
Chicago, Illinois 60602
(312) 450-6600
www.uniformlaws.org

Uniform Electronic Estate Planning Documents Act
Table of Contents
Prefatory Note................................................................................................................................. 1
[Article] 1
General Provisions and Definitions
Section 101. Title............................................................................................................................ 3
Section 102. Definitions.................................................................................................................. 3
Section 103. Construction ............................................................................................................... 7
[Article] 2
Electronic Non-Testamentary Estate Planning Documents
Section 201. Scope.......................................................................................................................... 7
Section 202. Principles of Law and Equity ..................................................................................... 8
Section 203. Use of Electronic Record or Signature Not Required................................................ 8
Section 204. Recognition of Electronic Non-Testamentary Estate Planning Document and
Electronic Signature............................................................................................................ 9
Section 205. Attribution and Effect of Electronic Record and Electronic Signature ..................... 9
Section 206. Notarization and Acknowledgment ......................................................................... 10
Section 207. Witnessing and Attestation ...................................................................................... 10
Section 208. Retention of Electronic Record; Original ................................................................ 11
Section 209. Certification of Paper Copy ..................................................................................... 12
Section 210. Admissibility in Evidence........................................................................................ 12
[[Article] 3
Uniform Electronic Wills Act]
[Article] 4
Miscellaneous Provisions
Section 401. Uniformity of Application and Construction ........................................................... 13
Section 402. Relation to Electronic Signatures in Global and National Commerce Act.............. 13
Section 403. Transitional Provision.............................................................................................. 14
[Section 404. Severability]............................................................................................................ 14
[Section 405. Repeals; Conforming Amendments] ...................................................................... 14
Section 406. Effective Date .......................................................................................................... 14

Electronic Estate Planning Documents Act
Prefatory Note
Times are changing. Reliance on traditional paper documents is waning. Many areas of
the law have already embraced the transition from written to electronic documents which are
electronically signed. For example, virtually all states have enacted the Uniform Electronic
Transactions Act (UETA) and the electronic filing of pleadings and appellate briefs is widely
accepted.
Left out of this transition were non-transactional documents relating to estate planning
which hung on to the requirement of paper documents with actual pen-to-paper (wet) signatures.
Recently, however, this trend has reversed with at least ten states embracing electronic wills
either through the adoption of the Uniform Electronic Wills Act or through their own unique
statutes. Regrettably, other estate planning documents have been left behind in this transition.
Why is this?
A primary reason is the failure of state laws to expressly authorize these documents to be
in electronic form and electronically signed. For example, UETA provides that when both parties
to a transaction agree, a record or signature cannot be “denied legal effect or enforceability solely
because it is in electronic form.” UETA § 7(a). However, UETA does not expressly authorize the
electronic signing of estate planning documents. UETA § 3(a) limits UETA’s application to
“transaction[s],” defined in UETA § 2(16) as “actions occurring between two or more persons
relating to the conduct of business, commercial, or governmental affairs.” (emphasis added).
Accordingly, unilateral documents such as trusts and powers of attorney are not directly within
UETA’s scope. This conclusion is bolstered by Comment 1 to UETA § 3 which states:
The scope of this Act is inherently limited by the fact that it only applies to
transactions related to business, commercial (including consumer) and governmental
matters. Consequently, transactions with no relation to business, commercial or
governmental transactions would not be subject to this Act. Unilaterally generated
electronic records and signatures which are not part of a transaction also are not covered
by this Act.
UETA does not “prohibit” the electronic signing of estate planning documents. However,
its failure to include them within its scope leaves such electronically signed documents
vulnerable to attack. As a result, the underlying state laws governing estate planning documents
must be amended. Absent such amendment, parties to unilateral estate planning documents could
not be certain that electronically signed originals would be valid.
The Uniform Electronic Wills Act (2019) (UEWA) solves this problem with respect to
testamentary documents such as wills, codicils, and testamentary trusts. The Uniform Electronic
Estate Planning Documents Act (UEEPDA) solves this problem for all other estate planning
documents such as powers of attorney and trusts. For states that have yet to adopt the UEWA or
their own electronic will statute, Article 3 of the UEEPDA provides the state with the
opportunity to adopt the UEWA.
1

UEEPDA is designed to authorize estate planning documents to be in electronic form and
electronically signed. There is no intent to change the requirements for the validity of these
documents imposed by state law in any other manner. UEEPDA is modeled after UETA so that
it will cleanly interface with existing laws.
2

Uniform Electronic Estate Planning Documents Act
[Article] 1
General Provisions and Definitions
Section 101. Title
This [act] may be cited as the Uniform Electronic Estate Planning Documents Act.
Section 102. Definitions
In this [act]:
(1) “Electronic” means relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities.
(2) “Electronic record” means a record created, generated, sent, communicated,
received, or stored by electronic means.
(3) “Electronic signature” means an electronic symbol or process attached to or
logically associated with a record and executed or adopted by a person with the intent to sign the
record.
(4) “Information” includes data, text, images, codes, computer programs,
software, and databases.
(5) “Non-testamentary estate planning document” means a record relating to
estate planning that is readable as text at the time of signing and is not a will or contained in a
will. The term:
(A) includes a record readable as text at the time of signing that creates,
exercises, modifies, releases, or revokes:
(i) a trust instrument;
(ii) a trust power that under the terms of the trust requires a signed
3

record;
(iii) a certification of a trust under [cite to Uniform Trust Code
Section 1013];
(iv) a power of attorney that is durable under [cite to Uniform
Power of Attorney Act];
(v) an agent’s certification under [cite to Uniform Power of
Attorney Act Section 302] of the validity of a power of attorney and the agent’s authority;
(vi) a power of appointment;
(vii) an advance directive, including a [health-care power of
attorney], directive to physicians, natural death statement, living will, and medical or physician
order for life-sustaining treatment;
(viii) a record directing disposition of an individual’s body after
death;
(ix) a nomination of a guardian for the signing individual;
(x) a nomination of a guardian for a minor child or disabled adult
child;
(xi) a mental health treatment declaration;
(xii) a community property survivorship agreement;
(xiii) a disclaimer under [cite to Uniform Disclaimer of Property
Interests Act Section 2(3)]; and
(xiv) any other record intended to carry out an individual’s intent
regarding property or health care while incapacitated or on death; and
(B) does not include a deed of real property[,][, or] certificate of title for a
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motor vehicle, watercraft, or aircraft[, or [list other documents the state intends to exclude from
Article 2]].
(6) “Person” means an individual, estate, business or nonprofit entity, government
or governmental subdivision, agency, or instrumentality, or other legal entity.
(7) “Power of attorney” means a record that grants authority to an agent to act in
place of the principal, even if the term is not used in the record.
(8) “Record” means information:
(A) inscribed on a tangible medium; or
(B) stored in an electronic or other medium and retrievable in perceivable
form.
(9) “Security procedure” means a procedure to verify that an electronic signature,
record, or performance is that of a specific person or to detect a change or error in an electronic
record. The term includes a procedure that uses an algorithm, code, identifying word or number,
encryption, or callback or other acknowledgment procedure.
(10) “Settlor” means a person, including a testator, that creates or contributes
property to a trust.
(11) “Sign” means, with present intent to authenticate or adopt a record:
(A) execute or adopt a tangible symbol; or
(B) attach to or logically associate with the record an electronic signature.
(12) “State” means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or other territory or possession subject to the jurisdiction
of the United States. The term includes a federally recognized Indian tribe.
(13) “Terms of a trust” means:
5

(A) except as provided in subparagraph (B), the manifestation of the
settlor’s intent regarding a trust’s provisions as:
(i) expressed in the trust instrument; or
(ii) established by other evidence that would be admissible in a
judicial proceeding; or
(B) the trust’s provisions as established, determined, or amended by:
(i) a trustee or other person in accordance with applicable law; [or]
(ii) a court order[; or
(iii) a nonjudicial settlement agreement under [cite to Uniform
Trust Code Section 111]].
(14) “Trust instrument” means an instrument executed by the settlor that contains
terms of the trust, including any amendments.
(15) “Will” includes a codicil and a testamentary instrument that merely appoints
an executor, revokes or revises another will, nominates a guardian, or expressly excludes or
limits the right of an individual or class to succeed to property of the decedent passing by
intestate succession.
Legislative Note: In paragraph (5), the definition of “non-testamentary estate planning
document” may be expanded or contracted to conform with the state’s substantive,
administrative, or regulatory law or practices. A signature on a non-testamentary estate
planning document and on a document excluded from the definition may still be effective under
other state law. Likewise, an audio or audio-visual record still may be effective under other state
law. This act is designed to validate a signature that is in electronic form when other state law
has not addressed the issue.
In paragraph (5), a state should conform the name of the documents to match other state law.
For example, in subparagraph (A)(vii), a state that uses the term “medical power of attorney”,
“health-care proxy”, or other term should revise the bracketed text accordingly.
In paragraph (5), if a state does not authorize a particular non-testamentary estate planning
document, that document should be omitted from the enumerated list. For example, a state
following a common-law marital property system would delete subparagraph (A)(xii) referring
6

to a community property survivorship agreement.
Comment
The definition of “electronic signature” is designed to exclude authentication via verbal
or video methods.
Paragraph (5) requires the non-testamentary estate planning document to be readable as
text such as an Adobe pdf file or a Word docx file; audio and audio-video records are not
included. However, other state law that authorizes audio and audio-video non-testamentary estate
planning documents is not impacted by this act and thus non-textual records authorized by other
state law are still effective if they comply with the applicable state law.
The definition of “sign” is designed to exclude authentication via verbal or video
methods.
Section 103. Construction
This [act] must be construed and applied to:
(1) facilitate electronic estate planning documents and signatures consistent with
other law; and
(2) be consistent with reasonable practices concerning electronic documents and
signatures and continued expansion of those practices.
Comment
This section is based on the Uniform Electronic Transactions Act Section 6.
[Article] 2
Electronic Non-Testamentary Estate Planning Documents
Section 201. Scope
(a)Except as provided in subsection (b), this [article] applies to an electronic non-
testamentary estate planning document and an electronic signature on a non-testamentary estate
planning document.
(b) This [article] does not apply to a non-testamentary estate planning document if the
document precludes use of an electronic record or electronic signature.
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(c) This [article] does not affect the validity of an electronic record or electronic signature
that is valid under:
(1) [cite to Uniform Electronic Transactions Act]; [or]
(2) [[Article] 3] [cite to other state law governing creation and execution of an
electronic will, codicil, or testamentary trust][; or
(3) [cite to other state law relating to non-testamentary estate planning documents
the state excludes from this [article]]].
Comment
This section makes certain that the scope of this act is restricted to validating electronic
documents and signatures and is not intended to impact the validity of electronic signatures
already authorized under other state law. If an electronic non-testamentary estate planning
document, or a signature on such a document, is granted legal recognition by UETA, this act
does not limit the legal recognition of the document or signature, but if the document or
signature is not granted legal recognition by UETA, it will be granted legal recognition by this
act.
Section 202. Principles of Law and Equity
The law of this state and principles of equity applicable to a non-testamentary estate
planning document apply to an electronic non-testamentary estate planning document except as
modified by this [article].
Comment
This section makes it clear that the act supplants, but does not negate, other state law
requirements that must be satisfied to validate a non-testamentary estate planning document.
Section 203. Use of Electronic Record or Signature Not Required
(a)This [article] does not require a non-testamentary estate planning document or
signature on a non-testamentary estate planning document to be created, generated, sent,
communicated, received, stored, or otherwise processed or used by electronic means or in
electronic form.
8

(b) A person is not required to have a non-testamentary estate planning document in
electronic form or signed electronically even if the person previously created or signed a non-
testamentary estate planning document by electronic means.
(c) A person may not waive the provisions of this section.
Comment
This section is based on the Uniform Electronic Transactions Act Section 5.
In subsection (b), the term “person” rather than “individual” is used because a trustee
may be a corporation or other legal entity. Accordingly, “person” is appropriate as it
encompasses these entities.
Subsection (c) makes clear that a person cannot waive the right to require future non-
testamentary estate planning documents to be in physical form and signed with a wet signature.
Section 204. Recognition of Electronic Non-Testamentary Estate Planning
Document and Electronic Signature
(a) A non-testamentary estate planning document or a signature on a non-testamentary
estate planning document may not be denied legal effect or enforceability solely because it is in
electronic form.
(b) If other law of this state requires a non-testamentary estate planning document to be
in writing, an electronic record of the document satisfies the requirement.
(c) If other law of this state requires a signature on a non-testamentary estate planning
document, an electronic signature satisfies the requirement.
Comment
This section is based on the Uniform Electronic Transactions Act Section 7.
Section 205. Attribution and Effect of Electronic Record and Electronic Signature
(a) An electronic non-testamentary estate planning document or electronic signature on
an electronic non-testamentary estate planning document is attributable to a person if it was the
9

act of the person. The act of the person may be shown in any manner, including by showing the
efficacy of a security procedure applied to determine the person to which the electronic record or
electronic signature was attributable.
(b) The effect of attribution to a person under subsection (a) of a document or signature is
determined from the context and surrounding circumstances at the time of its creation, execution,
or adoption and as provided by other law.
Comment
This section is based on the Uniform Electronic Transactions Act Section 9.
Section 206. Notarization and Acknowledgment
If other law of this state requires a signature or record to be notarized, acknowledged,
verified, or made under oath, the requirement is satisfied with respect to an electronic non-
testamentary estate planning document if an individual authorized to perform the notarization,
acknowledgment, verification, or oath attaches or logically associates the individual’s electronic
signature on the document together with all other information required to be included under the
other law.
Comment
This act does not address whether the notarization of electronic estate planning
documents must be done in the physical presence of the signer or whether an electronic (remote)
presence is sufficient. These are matters for state substantive law to address such as by the
enactment of the Revised Uniform Law on Notarial Acts.
Section 207. Witnessing and Attestation
[(a)] If other law of this state bases the validity of a non-testamentary estate planning
document on whether it is signed, witnessed, or attested by another individual, the signature,
witnessing, or attestation of that individual may be electronic.
[(b) In this subsection, “electronic presence” means that two or more individuals in
10

different locations are able to communicate in real time to the same extent as if the individuals
were physically present in the same location. If other law of this state bases the validity of a non-
testamentary estate planning document on whether it is signed, witnessed, or attested by another
individual in the presence of the individual signing the document, the presence requirement is
satisfied if the individuals are in each other’s electronic presence.]
Legislative Note: Optional subsection (b) provides the state the opportunity to authorize
electronic presence, or remote, witnessing. If a state has enacted the Uniform Electronic Wills
Act, the state should consider making the “presence” rules the same for a non-testamentary as
for a testamentary document.
Comment
This act does not take a position on whether the witnesses who are required by state law
to be in the physical presence of the individual signing the document may satisfy the presence
requirement by a virtual or electronic presence. Optional subsection (b) provides the state with
the opportunity to authorize remote witnessing if the state believes doing so would be a prudent
addition to its jurisprudence.
Section 208. Retention of Electronic Record; Original
(a) Except as provided in subsection (b), if other law of this state requires an electronic
non-testamentary estate planning document to be retained, transmitted, copied, or filed, the
requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that:
(1) accurately reflects the information in the document after it was first generated
in final form as an electronic record or under Section 209; and
(2) remains accessible to the extent required by the other law.
(b) A requirement under subsection (a) to retain a record does not apply to information
the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) by using the services of another person.
(d) If other law of this state requires a non-testamentary estate planning document to be
presented or retained in its original form, or provides consequences if a non-testamentary estate
11

planning document is not presented or retained in its original form, an electronic record retained
in accordance with subsection (a) satisfies the other law.
(e) This section does not preclude a governmental agency from specifying requirements
for the retention of a record subject to the agency’s jurisdiction in addition to those in this
section. In this section, “governmental agency” means an executive, legislative, or judicial
agency, department, board, commission, authority, institution, or instrumentality of the federal
government or of a state or of a county, municipality, or other political subdivision of a state.
Comment
This section is based on the Uniform Electronic Transactions Act Section 12.
This section is not intended to replace or alter existing state law governing the filing,
transmission, or retention of paper non-testamentary estate planning documents.
Section 209. Certification of Paper Copy
An individual may create a certified paper copy of an electronic non-testamentary estate
planning document by affirming under penalty of perjury that the paper copy is a complete and
accurate copy of the document.
Comment
This section is based on the Uniform Electronic Wills Act Section 9. Using this
procedure to obtain a paper copy will not cure any defect that existed regarding the validity of
the electronic non-testamentary estate planning document or electronic signature thereon.
Section 210. Admissibility in Evidence
Evidence relating to an electronic non-testamentary estate planning document or an
electronic signature on the document may not be excluded in a proceeding solely because it is in
electronic form.
Comment
This section is based on the Uniform Electronic Transactions Act Section 13.
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[[Article] 3
Uniform Electronic Wills Act]
Legislative Note: A state that wishes to expand state law to include electronic creation and
execution of a testamentary document, including a will, testamentary trust, or codicil, has two
options:
(1) The state may insert the Uniform Electronic Wills Act or similar statute as Article 3 in this
act, making adjustments to this act or to the incorporated act as appropriate. If the Uniform
Electronic Wills Act is the statute being included, the only definition in Section 2 of that act
necessary is “electronic will.” If remote witnessing is desired for an electronic will, the
definition of “electronic presence” in Section 207(b) of this act also is necessary in this article.
Sections 10 (uniformity of application and construction), 11 (transitional provision), and 12
(effective date) should be deleted from the Uniform Electronic Wills Act.
(2) The state may omit Article 3 and enact the Uniform Electronic Wills Act as a freestanding
act.
[Article] 4
Miscellaneous Provisions
Section 401. Uniformity of Application and Construction
In applying and construing this uniform act, a court shall consider the promotion of
uniformity of the law among jurisdictions that enact it.
Section 402. Relation to Electronic Signatures in Global and National Commerce
Act
This [act] modifies, limits, or supersedes the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. Section 7001 et seq.[, as amended], but does not modify, limit, or
supersede 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices
described in 15 U.S.C. Section 7003(b).
Legislative Note: It is the intent of this act to incorporate future amendments to the cited federal
law. A state in which the constitution or other law does not permit incorporation of future
amendments when a federal statute is incorporated into state law should omit the phrase “, as
amended”. A state in which, in the absence of a legislative declaration, future amendments are
incorporated into state law also should omit the phrase.
13

Section 403. Transitional Provision
[(a)] This [act] applies to an electronic non-testamentary estate planning document
created, signed, generated, sent, communicated, received, or stored before, on, or after [the
effective date of this [act]].
[(b) This [act] applies to the will of a decedent who dies on or after [the effective date of
this [act]].]
Legislative Note: A state that enacts this act with optional Article 3 (Uniform Electronic Wills
Act) should adopt this section in its entirety, including all of the bracketed text. A state that
enacts this act without Article 3 should adopt this section omitting both the bracketed text
“[(a)]” and the entirety of bracketed subsection (b).
[Section 404. Severability
If a provision of this [act] or its application to a person or circumstance is held invalid,
the invalidity does not affect another provision or application that can be given effect without the
invalid provision.]
Legislative Note: Include this section only if the state lacks a general severability statute or a
decision by the highest court of the state adopting a general rule of severability.
[Section 405. Repeals; Conforming Amendments
(a). . .
(b). . .]
Legislative Note: A state should examine its statutes to determine whether conforming revisions
are required by provisions of this act relating to the execution of testamentary and non-
testamentary estate planning documents.
Section 406. Effective Date
This [act] takes effect . . .
14