Digital Signatures

USLegalWills.com is dedicated to providing services related to advance directives.  We provide services that make use of the ultimate convenience of the Internet and the latest in secure encryption technologies.  In the future, our services will employ the use of digital signatures to digitally sign and encrypt the documents created here, including wills (Last Will and Testament), Expatriate Wills, Power of Attorney and Living Wills, and to verify the authenticity of the member.  That is, once digital signatures and their related technologies have evolved to become legally recognized for all such legal documents.  It is only a matter of time.  Below are some questions and answers related to digital signatures.

What is a digital signature?

A digital signature is a convenient, time-saving, and secure way of signing electronic documents.  It is an electronic signature which can be used in all types of electronic information transfer.  The differences between digital signatures and other electronic signatures are significant, not only in terms of process and results, but also because those differences make a digital signature more serviceable for legal purposes.  However, some electronic signatures, though perhaps legally recognizable as signatures, may not be as secure as digital signatures, and may lead to uncertainty and disputes.

Digital signatures are based on mathematical theory and the use of algorithms.  They require that the holder of the signature has a "two key" system for signing and verification (one private and the other public).  The important component in this picture is in having a verifiable, trustworthy entity to create and distribute digital signatures. These entities are called "Certification Authorities" (CA).

Digital signature technology opens up a whole new range of possibilities for businesses, government and individuals to change the way it they handle transactions electronically.  The ability to transmit or store electronic messages and documents carrying legal binding signatures will allow businesses, government and individuals to conduct transactions and to enter into binding contracts entirely by electronic means.

What does a digital signature look like?

-------BEGIN SIGNATURE------
RiJHjBjHGdyplkkliyTRscTo7+kybFre5/LOIYtrvxEU87YTREPmkGytUIOCrz
YOI0Jy+jyRCtrtrcJN7KlkpoirwxzOuHuity54G+ooiphTREKLuYfRcIlklPP0
7T2FT+UrrextrEteTuHoNONoi53s=sHKlLbcUtxck
------END SIGNATURE------

What is an electronic document?

An electronic document is any document that is generated or stored on a computer, such as a letter, a contract, or a will. In addition, an electronic document can be an image, such as a blueprint, a survey plat, a drawing, or even a photograph. A Digital signature can be used to sign these documents.

Does that mean that the authenticity of any electronic document can be verified by a digital signature?

Yes, but only if the document was originally signed using a digital signature.

What is it like to actually sign an electronic document?

It is a simple process and may vary slightly in the software you use, but your digital signature software does all the work. You select the signature option, then select the document, and finally enter your secret Authorization Code. Everything is accomplished electronically; you do not take a pen in hand and sign a paper.

Can you actually see the signer's handwritten signature?

No, there is no relationship to the signer's handwritten signature. While there's more to it behind the scenes, the visible portion of the digital signature is the signer's name, title and firm name, along with the certificate serial number and the Certification Authority name.

How am I identified as the signer?

When you use your digital signature, you create a matched pair of keys. One is the "private" key, which is typically installed on your computer. The private key is used only by you and is required during the signing process. The second key is the "public" key. The public key is available for use by anyone wishing to authenticate documents you sign. The public key will "read" the digital signature created by the private key and verify the authenticity of documents created with it. It would be similar to the process of accessing a safety deposit box. Your key must work with the bank's key before opening the box.

If my private key is stored on my computer, can't someone sign or access my documents without my permission by getting access to the computer?

No. Your private key is encrypted when it is stored on your computer. When you sign an electronic document, you enter a digital signature Authorization Code to decrypt the private key for as long as it takes to sign the document. If someone learns of your Authorization Code and also has access to the computer holding your private key, the integrity of your private key is compromised. In this case you would revoke your digital signature certificate and obtain another. This would be the same as reporting a stolen or lost credit card or passport.

Can a digital signature be forged?

No. It is protected by several layers of highly complex encryption.

Many people believe that a handwritten signature is unique to the signer and to the pieces of paper which hold it. However, what if someone produces a good likeness of your handwritten signature? Or, what if on a long contract, someone changes the text of the pages previous to the signature page? In these instances, the signature is valid, but the document has been altered. With digital signatures, forgery is next to impossible -- much more difficult than forging a handwritten signature.

First, a digital signature is more of a process than just affixing a signature. For example, when the document is "digitally signed," the digital software scans the document and creates a calculation which represents the document. This calculation becomes part of the "digital signature." When the recipient authenticates the signature, a similar process is carried out. The sender's and the receiver's calculations are then compared. If the results are the same, the signature is valid; if they are different, the signature is not valid.

What is a digital signature certificate?

A digital signature certificate is a computer-based record that identifies the subscriber, contains the public key, and is digitally signed by the Certification Authority. The digital signature certificate must be associated with both a private key and a public key. When you publish the certificate, you identify yourself to the Certification Authority by providing it with your public key.

How do I get a digital signature certificate?

You may obtain a digital signature certificate directly from a Certification Authority, or from the software or website which uses digital signature technology.  You will be required to provide information used to verify your identity and protect you against unauthorized use of your signature.

How It Works

When you create a Will or legal document at LegalWills, you can designate up to 20 different Keyholders®. Your chosen Keyholders® will be given the trust and power to unlock specific information within your account such as health care directives, funeral wishes, final messages, uploaded files, Power of Attorney, or Last Will and Testament.

You can also implement security mechanisms to prevent premature access to these documents. The entire process of creating your Will and other legal documents at LegalWills is seamless and iterative, meaning you can continue to make changes until you're happy with the final product.

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Select Your Keyholders®

Entrust up to 20 individuals to unlock your wishes when the time is right.

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Make any changes to your documents using our online service.

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When the time is right, your selected Keyholders® will have the ability to unlock your wishes.

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Documents are Released to Keyholders®

When the time comes and your Keyholders® request access to your documents, your wishes will be entrusted in their hands.

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Frequently Asked Questions

There is no requirement to use the services of a lawyer or notary public to prepare your own estate planning documents, including your Last Will and Testament.

The law that defines the legality of a Will is written specifically for each Province, State and Country, but in summary the law requires that the Will is written on a piece of paper and signed in the presence of two witnesses who cannot be beneficiaries to the Will.

Lawyers can certainly help you to prepare your Will, but everybody has a legal right to write their own Will. If you create a document using our service, it must be printed, signed and witnessed according to our instructions, and then it becomes a legal Last Will and Testament.
Quite simply, because we do not provide you with legal advice.

We are giving you direct access to the same software that lawyers use to prepare their documents, but you are doing it yourself. However, if you need custom clauses written to cover an unusual situation, we cannot do that, and we recommend that you seek legal advice. For example, if you have a child with special needs, they would need a trust written for their inheritance. We don't do that.

In most cases, a document written using our service will be word-for-word identical to one prepared by a lawyer.

For a more thorough explanation, please read our blog article: How much does a Will cost? And why?.

There are no other payments required to prepare your legal Will. You can have a legal Will in your hands for $49.95USD with nothing else to pay, ever.

What other options are there?
If you wish, you can have your Will reviewed by one of our lawyers for $69.00USD. Most people do not need this, and would not benefit from it, but if you have selected an option such as "None of the above. Let me describe in detail how to distribute my estate.", then you may want to consider this.

Your Will must first be printed, and then signed in the presence of two witnesses. If you do not have access to a printer, we can print it for you and mail it out. The cost for this is $9.95USD, but again, most people do not need this option.

We also offer other services like MyLifeLocker™, a Financial Power of Attorney, and a Living Will. They are not required, but they may be useful to you depending on your situation.

What about document storage?
We do not store physical documents, but we allow you to maintain an account with us if you want to update your document in the future.

The Will service costs $49.95USD. With this payment, you are able to prepare your Will. It also gives you one year of unlimited updates to the document. You are able to print the document as often as you wish during that first year. You can download it as a PDF or Word file, but to make your document a legal Will, it must first be printed, and then signed in the presence of two witnesses. The online version is there for your convenience only.

If you choose not to maintain an account with us after the first year, your initial payment is all you will ever pay. We do not keep credit card details on file and cannot automatically charge beyond this initial payment.

If you wish, you can choose to store your documents online for longer than a year, which will make it easier to make updates in the future to reflect any changes in your personal or financial situation (rather than returning to a lawyer each time). This is of course optional, but it does make the process of maintaining your document more convenient. $11.95USD will give you one additional year of updates, or you can purchase multiple years: 5 years at $29.95USD, 10 years at $39.95USD, 25 years at $79.95USD ($3.20USD per year).

Every time you make an update to your Will, it must first be printed, and then signed in the presence of two witnesses again. If you choose not to maintain an account with us, you will always have your printed, signed document. If you don't need to make changes to that document, it will last you for the rest of your life, whether or not you have an account with us.

What happens if I don't maintain an account, and then in a few years I need to update it?
If your account has not been touched in years, and it is inactive, we reserve the right to remove the account. You will receive an email notification that your account might be removed. However, in practice, we have never actually removed any accounts in our over 24 years of operation.

So, in all likelihood, you will be able to simply login to your account and pay $11.95USD to reactivate it. This will give you one year of unlimited updates from the date of payment. (You will not have to pay for your inactive years.)

Yes.  A Power of Attorney (also known as a Power of Attorney for Finances) and Living Will (also known as a Power of Attorney for Health Care), are very important documents that should be created and updated at the same time as your Will.

This website allows you to create a Will, Expatriate Will, Power of Attorney and Living Will.
Here are just a few differences:

  • We have designed our legal document creation services to be of the best quality available today.   We have evaluated many existing do-it-yourself kits and web-based services, including several of the most popular American legal will kits. We were shocked by the poor quality, limited instructions, and low value for money that many of these do-it-yourself kits provide consumers. 

  • Incredible value for money.   Our membership pricing model allows us to provide you with the most value for your money at prices that are unprecedented in the legal industry. We worked with lawyers to bring you this service, and we paid for their legal services so you don't have to. 

  • Plain language help and instructions.  In addition, all of our services provide you with complete instructions and answer your questions in everyday language, free of legal industry jargon.  We have developed our services based on the requirements of the public, not dictated by the legal profession.  Our wizards, help and information are also designed to be the best on the market and are kept up-to-date on an ongoing basis.  

  • Create your Will from the comfort of your own home.  No lawyer required.  Our unique approach allows you to make use of the ultimate convenience of the Internet to write your Will at your own pace, online, and to make changes online at any time free of charge. 

  • Free unlimited updates.  Don't pay a lawyer every time you need to update your Will. We allow your Will to be kept securely online so that you can make free unlimited updates for as long as you are a member.

  • You can still have it reviewed by a lawyer. We have worked with lawyers in the United States to bring you these services and to ensure that they are of the highest quality. But if you wish, we can still arrange for your documents to be reviewed by one of our lawyers, who will check the documents for consistency and completeness.

  • The Keyholder® Advantage. You can take advantage of our unique messaging service which allows you to describe the exact location of your Will and to provide a detailed list of assets for your Executor. All for no extra charge. When you pass away, let us worry about communicating this information to the people you specify. There is simply no other company that provides such a complete and convenient service to their customers. For more information, read about The Keyholder® Advantage.

  • We employ a strong focus on protecting the privacy and security of your information.  We use industry standard encryption algorithms for storing all of your private information, and the design of our services ensures that the contents of your information are made available to the specific people designated by yourself, and only at the appropriate time. 

  • Keep informed and up to date.  If you wish, we can inform you by email about any changes in legislation which may have occurred in your jurisdiction that may require changes to your Will.  Or we can send you simple email reminders, no more than once a year, to remind you to consider updating your Will if any significant changes have occurred in your life.  

Other websites and do-it-yourself kits simply do not compare.

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