New Electronic Signature Law for Estate Planning to Save Time and Money for Clients

Missouri has recently updated its laws to allow for electronic signatures on estate planning documents, including wills, trusts, and powers of attorney. This change, primarily driven by House Bill 754 (and similar bills like SB428), allows for the electronic execution of these documents, including remote online notarization, and establishes standards for their validity. The new provisions apply to wills of decedents dying on or after August 28, 2025, and to other estate planning documents signed or remotely witnessed on or after that date. 

Key Changes:

• Electronic Wills and Documents:Missouri now recognizes electronic wills and other estate planning documents, allowing them to be executed with electronic signatures. 
• Remote Online Notarization:The law permits online notaries to notarize electronic wills. 
• Emergency Provisions:The new law includes provisions for executing estate planning documents during emergencies, such as pandemics, where physical presence requirements may be temporarily waived. 
• Certified Paper Copies:Individuals can create certified paper copies of electronic documents by affirming under oath that they are accurate. 
• Retroactive Application:The new provisions generally apply to wills of decedents dying on or after August 28, 2025, and to documents signed or remotely witnessed on or after that date. 
• Superseding Federal Law:The new law generally supersedes the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act). 

Specific Provisions:

• Electronic Will Definition:.An electronic will is defined as a record that is readable and remains accessible as text at the time of signing. 
• Witness Requirements:.Electronic wills must be signed by the testator and at least two witnesses, who can be in either the physical or electronic presence of the testator. 
• Revocation of Electronic Wills:.If an electronic will is not found after the testator’s death, or if there is no evidence of the testator signing it, there is a presumption of revocation. 

Overall Impact:

These changes modernize estate planning in Missouri, allowing for greater flexibility and convenience while maintaining necessary legal safeguards. The law is designed to be comprehensive and adaptable to future situations, including emergencies that may restrict in-person interactions.