When is Wet Ink Still Required?

Despite the widespread adoption of electronic signatures, there remain specific legal domains where a physical pen-to-paper "wet ink" signature is strictly required.

The Exceptions to the ESIGN Act

In the United States, the ESIGN Act specifically carved out exceptions where electronic signatures are explicitly not valid:

• Wills and Testamentary Trusts: The creation and execution of wills generally require physical signatures and physical witnesses.
• Family Law Documents: Adoption and divorce papers often require wet signatures.
• UCC Exclusions: Certain transactions governed by the Uniform Commercial Code (other than Articles 2 and 2A).
• Court Orders and Official Court Documents: Though e-filing is common, certain court documents still require wet ink.
• Notarizations (Historically): Traditionally, notarization required the physical presence of the signer and a wet signature. (Note: Remote Online Notarization (RON) laws are rapidly changing this).

International Variations

In many European jurisdictions (under eIDAS), property transfers (real estate) require a Qualified Electronic Signature (QES) or a wet-ink signature mediated by a notary. Simple electronic signatures will not suffice.