Thanks to technology, estate planning can often be done virtually for those who are concerned about in-person meetings during the COVID-19 pandemic. Pursuant to Governor Charlie Baker’s April 27, 2020 order, Massachusetts temporarily allows for virtual notarization of certain documents, which includes estate planning documents. The act requires that the clients, the witnesses and the notary are all physically located in Massachusetts, that the signing is recorded and stored for 10 years, and that all parties disclose anyone else located in the room and show those parties to the camera. This last requirement is presumably to help protect clients from influence or coercion by a party not visible to the notary.
However, this act does not allow for electronic signatures. The documents must be physically signed by the clients and any witnesses at their separate locations, and then sent to the notary to complete the notarization process.
Unless further legislation is passed to make this order permanent, the Massachusetts order allowing virtual notarization remains in effect only until three days after the state of emergency ordered by Governor Baker expires. (The state of emergency was declared on March 10, 2020, and is currently in effect.)
While using video-conferencing technology may be intimidating to some, many clients have adapted quickly and taken advantage of this option. In addition, for those not comfortable leaving their home or having someone enter their home, video-conferencing allows for superior communication as compared with a phone conference. Video-conferencing can be set up through a laptop with a webcam, through a tablet or through a smart-phone. Ask your attorney whether remote notarization can be used in your case.