Electronic Wills in Florida: What are the Steps?

Just a few years back, Florida seemingly came into the modern age and finally changed the law to allow the drafting and usage of electronic wills. But just like their non-electric counterparts, drafting and signing electronic wills has specific requirements that need to be followed, in order for the will to be valid and enforceable.

Different States

Remember that every state has different requirements when it comes to executing and validating electronic wills. Don’t assume that because your electronic will complies with the laws of one state, that it will be considered enforceable in another if you should move after executing the electronic will.

The Requirements for Electric Wills

Some aspects are the same in electronic wills, as they are in non electronic wills. For example, the person making the will (the testator) must be over the age of 18, and of sound mind, competent and with capacity to understand what he or she is doing.

The will still must be signed, but of course, signed electronically.

One of the most important requirements of standard wills, is the requirement that actual live human beings witness the signing of the will. These witnesses can attest to the actual signing of the will, after the will maker is gone, in any legal challenge.

With an electronic will, you still need the witnesses. The witnesses don’t have to be live; they can witness the signature through live video. The witnesses still must sign digitally and they must sign in the digital will in the (video) presence of the testator.

Notaries, Recording and Storage

All signatures must happen in the presence of a notary. There are companies that specialize in online notarization. Note that the notary requirement is not a necessity in traditional wills (although it is good practice). However, with digital or electronic wills, the notarization is required.

All of these proceedings must be recorded, and the recording, along with the electronic will, must be stored with a qualified custodian. This is someone, or a business, that lives or is incorporated in Florida. This should be a company or person qualified to, and with a system to maintain and store these kinds of records.

More Difficult?

As you can see you can create an electronic will in Florida-but it is, in some ways, a more involved process than traditional wills, where many requirements have been relaxed, or where there are fewer technical requirements.

Remember that even before you get to signing your will, you will have steps to take to prepare for the making and signing of your will. Those steps are increased with electronic wills. You may have to find and meet with the online notary or make sure the technology is set up for the recordings.

The bottom line: no matter how you do your will, don’t wait until the last minute.

Call the West Palm Beach estate planning lawyers at The Law Offices of Larry E. Bray today for help with your will and the rest of your estate plan.

Sources:

trustandwill.com/learn/electronic-will-in-florida

leg.state.fl.us/statutes/index.cfm/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.524.htm