Private Law Theory

Introduction:
… Part I explores the origin of the modern will’s formal requirements by tracing its evolution through the Statute of Wills of 1540, Statute of Frauds of 1677, and Wills Act of 1837. Fleshing out this timeline illustrates just how slowly wills law develops, and thus how much effort is needed to advance it. Part II provides a detailed description of the current state of wills law in California, highlighting and explaining the writing, signature, and attestation requirements. Part III explains and analyzes section 2-503 of the Uniform Probate Code (the ‘Uniform Harmless Error Provision’) and section 6110(c)(2) of the California Probate Code (‘California’s Harmless Error Provision’), highlighting how harmless error functions. Part IV provides the solution to California’s lack of an electronic wills statute. This section presents a three-fold argument: (1) electronic wills satisfy California’s writing and signature requirements; (2) California’s harmless error provision can be interpreted to include electronic wills; and (3) public policy supports harmless error’s inclusion of electronic wills. This Note concludes by suggesting that the time is ripe for California to take an innovative leap forward in wills law to an era where electronic wills stand side-by-side with paper wills … (more)

Gökalp Y Gürer, ‘No Paper? No Problem: Ushering in Electronic Wills Through California’s “Harmless Error” Provision’, University of California, Davis Law Review vol 49 1955 (2016).

First posted 2016-11-03 07:40:36