Article Analysis

February 21, 2022

Journal: 'Blockchain Wills' - Bridget J. Crawford

Link: https://digitalcommons.pace.edu/lawfaculty/1158/

Synopsis:

This paper details the existing laws around wills, the intended purposes behind the different precautions taken with wills, where they fall short and where the USA is currently at in regards to electronic wills. The article explores the original intentions of the laws surrounding wills and proposes an alternative of blockchain to existing methodologies in order to more efficiently and accurately protect and execute the intentions of the deceased.

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Breakdown/Highlights:

This paper first addresses the existing formalities surrounding traditional wills and establishes the cautionary, protective, evidentiary and channeling functions that need to be met in the regulation of wills. It then breaks down how the lax language and handling of the existing regulations are at times both redundant, unnecessary or fail to uphold these pillars of intention.

Pg. 7 - The current status and origins of will formalities.

Pg. 8 - The harmless error doctrine. Relaxing of certain standards which in turn highlights the areas in which the legal system actually cares about.

Pg. 9 - Abnormal mediums that have served as valid wills.

Various case studies that detail when and why certain scenarios were deemed legitimate in terms of legally binding wills.

The E-Wills Act and the intentions behind it/concerns

This is where block chain technology can come into play.

The legislation around electronic wills often acts creating new bottlenecks that don't actually reap the benefits of modernized technology.

Blockchain is already being employed at a governmental level

How blockchain wills would theoretically work

Block chain technology can uphold the formalities of traditional wills while also providing efficient and modernized solutions to existing issues and inefficiencies with the existing system.

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SONDER.

Article Analysis