التفاصيل البيبلوغرافية
| العنوان: |
LIFE, DEATH, AND REVIVAL OF ELECTRONIC WILLS LEGISLATION IN 2016 THROUGH 2019. |
| المؤلفون: |
Krueger, Nicole |
| المصدر: |
Drake Law Review; 2019 4th Quarter, Vol. 67 Issue 4, p983-1035, 53p |
| مصطلحات موضوعية: |
ELECTRONICS laws, INTERNET, SMART devices, COMPUTER hacking, TECHNOLOGICAL innovations |
| مستخلص: |
Paper files, written signatures, and filing cabinets seem to be relics of a time before the Internet and smart devices. Most things in life today can be completed electronically and simply stored in the cloud. Society's ever-increasing dependence upon electronics makes it natural for people to expect the ability to execute and store their wills electronically. However, states have hesitated to support electronic wills legislation, and proposed legislation has raised concerns regarding fraud and hacking, as well as a lack of procedures for preservation and storage. This Note analyzes the electronic wills legislation proposed in 2016 through 2019, discusses the concerns raised by the legislation, and identifies technological advances that can alleviate many of those concerns. By utilizing technologies such as electronic notarization, biometrics, blockchain, and public key infrastructure, states can pass electronic wills legislation that provides both convenience and security. As states determine how best to utilize these emerging technologies, they can begin to recognize electronic wills without passing new electronic wills legislation. The harmless error rule, already accepted within the Uniform Probate Code and recognized by 11 states, allows a court to disregard harmless errors in the execution of a will and should be adopted in Iowa and other states to honor a testator's intended will--paper or electronic. Even without the adoption of the harmless error rule, Iowa can begin recognizing electronic wills by relying on the broad definitions of writing and signature already present within Iowa's code. [ABSTRACT FROM AUTHOR] |
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| قاعدة البيانات: |
Complementary Index |
