7 7 See WSBA Advisory Opinion 2215 (2015) (discussing the ethical obligations of attorneys utilizing cloud data storage, and stating, in relation to RPC 1.1 Comment 8, “o the extent that a lawyer uses technology in his or her practice, the lawyer has a duty to keep informed about the risks associated with that technology and to take reasonable precautions”). Practitioners should also keep in mind the directive in RPC 1.1 Comment 8, that “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology” in maintaining competence. Now is the time for attorneys who advise estate planning and probate clients to review the legal requirements for electronic wills. While electronic wills are unlikely to become the default testamentary document anytime soon, the number of Washingtonians executing them is likely to grow over time, as both clients and attorneys become more comfortable with the concept, and as more states enact versions of the UEWA or similar statutes. 6 6 See, Nicole Krueger, “Life, Death, and Revival of Electronic Wills Legislation in 2016 through 2019,” 67 Drake Law Review 983, 986-87 (discussing electronic wills legislation introduced prior to the Uniform Law Commission development of the Uniform Electronic Wills Act). Other states, including Arizona, Florida, Indiana, and Nevada, have enacted electronic wills statutes not based on the uniform law. In addition, bills to enact the UEWA have been introduced in Georgia, Massachusetts, and the District of Columbia. 4 4 Uniform Law Commission, Legislative Report by Act, at 3, available at (last visited April 20, 2022). Virgin Islands became the fifth jurisdiction this year. North Dakota and Colorado joined Washington in enacting the UEWA in 2021, 3 3 North Dakota HB 1077 (2021), codified at N.D. §§ 75-2-1401 – 1411 (2020).-but it is one of only a few states to have done so as of this writing. Washington is not the first state to adopt the UEWA-Utah has that distinction 2 2 Utah H.B. Is it time for estate planning attorneys to toss their stockpiles of archival-quality bond paper into the recycling bin? Probably not just yet. The Washington Uniform Electronic Wills Act (UEWA) became effective on Jan. Ready or not, electronic wills have arrived in Washington.
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