When it comes to estate planning, many people wonder if they can simply write their wishes down in an email and have it be considered a legal Last Will and Testament. While it's true that technology has made it easier than ever to communicate our wishes and desires, an email is not typically sufficient to create a legally binding will.

In order for a document to be considered a legal will, it must meet certain formal requirements that vary by jurisdiction. Generally, these requirements include:

1.    Testamentary capacity: The testator must have the mental capacity to understand the nature and consequences of their actions.


2.    Intent: The testator must have the intent to create a will and dispose of their property.


3.    Signature: The will must be signed by the testator or by someone in the testator's presence and at their direction.


4.    Witnesses: The will must be witnessed by at least two people who are not beneficiaries under the will.


5.    Formalities: The will must be written and executed in accordance with the formalities required by law in the jurisdiction where the testator resides.


An email may not meet all of these requirements, and therefore may not be considered a legally binding will. For example, an email may not have the necessary signatures or witnesses, or it may not meet the formalities required by law in the jurisdiction where the testator resides.

However, it's worth noting that some jurisdictions have more relaxed requirements for electronic wills. For example, in some states in the United States, electronic wills are now recognized as legally binding documents. These laws are constantly evolving, so it's always best to consult with an attorney who is familiar with the laws in your jurisdiction.

Oregon Revised Statutes 112.238 allows an exception to will formalities if the proponent of a writing can show by clear and convincing evidence that the decedent intended for the writing to be that person’s will. Our office has gotten writings approved as wills by the probate court under this statute. It is unlikely that an email would be considered to be a valid will under this statute. In 112.235(4), the statute says, “As used in this section, ‘writing’ does not include an electronic record, document or image.” Perhaps you could make the argument that 112.238 makes that a non-issue, but we doubt the court would go for it.

In any case, relying solely on an email to communicate your wishes is generally not recommended. It's always best to have a formal will that meets the legal requirements of your state. This will help ensure that your wishes are carried out in the way you intended, and that your loved ones are not faced with unnecessary legal challenges after your passing.

 One of our cases involving non-conforming wills cost our clients a lot more money and took a lot more time to resolve than it would have if the decedent had gone to a lawyer and executed a valid will. There are too many details you can overlook when you try to do these things without professional guidance.

Still Have Questions?

Our Portland, Oregon will lawyer is here to help. Please reach out if you have questions about the planning process or what it takes to create a legally binding document to protect your family and loved ones here in Oregon. We are here to walk you step-by-step through the process for your protection and peace of mind. Simply contact us at (503) 235-5150 to schedule a consultation.

If you want to get started on your estate plan, read about our estate planning services and schedule an appointment.

To your family's health + happiness.

~Candice N. Aiston