Digital Wills and Electronic Signatures

In the past, important legal documents were solely in hard copy format and had to be signed in person. Services such as DocuSign have made gathering signatures a lot easier nowadays. And even documents such as wills can now be created and signed electronically.

Digital wills and electronic signatures represent a major shift in estate planning, but they also raise complex legal and probate issues. While technology has made it easier to create and store estate planning documents, not all digital wills are legally valid, and the rules vary significantly by state.

Digital wills can be valid in Florida under the Florida Electronic Wills Act, but they must strictly follow specific rules. This includes using secure audio-video tech for remote signing and witnessing by a notary, with the testator physically in Florida for signing, and all recordings saved.

Electronic wills serve the same purpose as traditional wills. However, the process of creating, executing, and storing an electronic will differs greatly from the traditional process involving a paper will. Electronic wills offer more access, convenience, and efficiency in the estate planning process, but there are important limitations to consider. Here is what you need to know.

Creating a Digital Will

Both online wills and electronic wills are legal in Florida. Florida authorized electronic wills through the Electronic Wills Act, which took effect July 1, 2020. This legislation made Florida one of the first states to expressly recognize fully electronic wills.

As a result, Florida residents may not only prepare a will online, but may also sign, witness, and notarize the will electronically. An electronic will in Florida can remain entirely digital from creation through execution, without ever being reduced to paper.

To create a valid will in Florida, the testator must:

• Be at least 18 years old or an emancipated minor.
• Be of sound mind.
• Sign the will.
• Have the will signed by two witnesses.

These core requirements have not changed. However, because electronic wills present unique risks, Florida law imposes extra safeguards. To be valid, an electronic will must be signed in the presence of a notary public and be deposited with a qualified custodian at the time of execution.

A qualified custodian must be a Florida resident or a properly authorized business entity. The custodian is responsible for maintaining a secure electronic records system that stores both the electronic will and the audio-visual recording of the notarization session.

While Florida law allows fully digital wills, compliance must be exact. Even small errors in execution, notarization, or custodial storage can invalidate an electronic will and lead to probate disputes. Careful attention to the requirements is essential when creating an online will in Florida.

Seek Legal Help

While digital wills can be convenient, they still need to be executed properly in order for them to be valid. It is important to understand the proper procedures.

Understand the process with help from a Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. We will guide you through the process to ensure the validity of your estate planning documents. Call 954-764-4330 or fill out the online form to schedule a consultation.

Source:

trustandwill.com/learn/florida-online-will