Are technology issues grounds for invalidation

Q: How can I protect my will from technical challenges?

You can protect your will by using high-quality equipment, secure platforms, maintaining paper copies as backup, ensuring proper witness oversight, and thoroughly testing all equipment and software before the signing ceremony.

Q: Why is it important to have a CPA involved in estate planning?

A CPA's involvement is critical to properly account for tax liabilities, navigate the intricacies of the step-up in basis, and avoid the financial pitfalls that can arise from improper execution of an estate plan.

Are technology issues grounds for invalidation?

Robert stood pale and defeated as the probate judge declared his mother’s will invalid. Despite having a seemingly flawless document, a crucial video recording of her signing – intended as extra security – was deemed inadmissible due to a minor audio glitch, failing to meet the evidentiary standards. The loss of that corroborating evidence, combined with a technicality regarding the video’s metadata, cost his family months of legal battles and significant estate expenses.

Why are properly executed wills still challenged?

A Southern California estate planning attorney is guiding the proper execution of estate planning documents alongside two adult witnesses in attendance in a private law office discussing: Why are properly executed wills still challenged

While a well-drafted will is the cornerstone of estate planning, even meticulous preparation isn’t foolproof. Challenges frequently arise not from the content of the will itself, but from the process of its execution. In today’s digital age, these challenges increasingly involve technology – or, more specifically, issues with technology used during the signing and witnessing process.

What technology is commonly used in will execution?

Several technologies are now commonplace in estate planning:

Remote Online Notarization (RON): Allows for notarization via secure video conference.
Electronic Signatures: Used for signing documents digitally.
Video Recording: Captures the signing ceremony for added security and evidence.
Digital Witnessing Platforms: Coordinate remote witnesses and notarization.

These tools offer convenience and efficiency, but they also introduce new points of potential failure.

What technical issues can invalidate a will?

Numerous technical glitches can create grounds for a will contest:

Audio/Video Quality: Poor sound or visual clarity in video recordings can render them inadmissible as evidence.
Metadata Problems: Altered or missing metadata on digital documents can raise questions about authenticity.
Platform Glitches: Errors within remote witnessing platforms or electronic signature services can cast doubt on proper execution.
Authentication Failures: Inability to verify the identity of the testator or witnesses digitally.
Security Breaches: Evidence of tampering or unauthorized access to digital documents.

As we saw with Robert’s case, even seemingly minor issues can have significant consequences. California law requires a clear and convincing demonstration of proper execution, and technical problems can create reasonable doubt.

How can I protect my will from technical challenges?

While technology offers many benefits, it’s crucial to mitigate the risks. Here are some safeguards:

High-Quality Equipment: Use professional-grade cameras, microphones, and internet connections.
Secure Platforms: Choose reputable and secure remote witnessing and electronic signature platforms.
Redundancy: Maintain paper copies of all documents as backup.
Witness Oversight: Ensure witnesses are visible and actively observing the signing process, even in remote settings.
Technical Checks: Thoroughly test all equipment and software before the signing ceremony.

As an Estate Planning Attorney and CPA in Temecula, California, I advise my clients to view technology as a tool, not a replacement for sound legal principles. My CPA license is critical because it allows me to properly account for the tax liabilities associated with estate assets, navigate the intricacies of the step-up in basis, and avoid the financial pitfalls that can arise from improper execution.

While California allowed temporary remote witnessing during the pandemic, strict adherence to current presence requirements is critical to avoid invalidation. If a will fails, assets may fall under intestacy, though estates under $208,850 (effective April 1, 2025) might still avoid full probate. Even a validly attested will must grant specific RUFADAA powers to access digital accounts.

You can find more information on the Riverside Superior Court Probate Division here.

How do heirs prove a handwritten will is authentic?

The most heartbreaking cases in probate court are not the ones where no will exists, but where a perfectly crafted will is thrown out due to a technical error. California law is specific about who can serve as a witness.

Strict Rules: Witnesses must generally be disinterested and present at the same time.
High Stakes: A single error can void the document, sending your estate into intestacy.
Legal Limits: Remember, the Statute of Limitations for legal malpractice is generally one year, so getting it right the first time is vital.

To learn the best practices for attestation, explore our guide on the purpose of an attestation clause to streamline probate. The “signing ceremony” is a legal term of art for a reason; it is the moment your wishes become law, and it requires professional oversight to be valid. As a dual-licensed attorney and CPA, I ensure that every document is executed in strict compliance with the California Probate Code. Do not let a procedural mistake destroy your legacy—contact our office today to finalize your plan with confidence.

About Steve Bliss: An estate planning attorney in Temecula

The Law Firm of Steven F. Bliss Esq. is a dedicated legal firm serving Temecula, Riverside County, and the Inland Empire. Led by Steven F. Bliss, the firm offers a unique advantage: Steve is an experienced CPA & Estate Planning Lawyer.

Whether the court requires a formal probate or allows for an unsupervised process, having a skilled attorney is essential to avoid delays. Don’t face the costly and confusing legal process alone—call attorney Steve Bliss today.