Professor Grant Publishes Article on the Role of Technology in Wills and Estates

February 16, 2009

What role does technology have in the “ancient” area of law pertaining to wills and the succession of estates? This is just one of the issues Professor Joe Grant raises in his new article, “Shattering and Moving Beyond the Gutenberg Paradigm: The Dawn of the Electronic Will,” 42 University of Michigan Journal of Law Reform (105) 2008.

In his article, Professor Grant examines what can be dubbed the “Gutenberg Paradigm” to describe the legal profession’s preference for written documents, and the effect that the “writing” requirement has on a testator’s ability to create their will. He explores the history of print and Johann Gutenberg’s role in this development, and society’s general progression from an oral tradition to a print tradition. Professor Grant also examines the history and policy underpinnings of will execution formality statutes in the United States, and the critical importance the “writing” requirement plays in those statutes.

The interest for the article came from some groundbreaking legislation adopted in Nevada. Professor Grant said, “I was intrigued by Nevada’s legislation that allows testator’s the option to create digital/electronic wills (i.e. audio taped and videotaped wills), but I saw several pitfalls and shortcomings with it. I took this opportunity to offer concrete suggestions for improvement in the form of a proposed model electronic wills statute that states can adopt to allow for the creation of electronic wills.”

Professor Grant said the article raises and responds to some of the basic anticipated common concerns and criticisms regarding electronic wills. “Hopefully, it will lead to a lively debate regarding the role of technology in the field of wills and testate succession.”

Professor Grant joined the law faculty in fall 2008. He teaches business associations and estates and trusts. He previously taught at the Appalachian School of Law and West Virginia University College of Law.