What Are Electronic Wills In Florida?

As of July 2020, Florida law has allowed electronic wills, which are drafted, signed, witnessed, and stored entirely electronically. Now, Floridians can create a will without ever leaving the comfort of their own home. While the process is vastly different from traditional wills, electronic wills serve the same purpose. Below, our St. Petersburg wills attorney explains the differences and what you need to know.

Signatures 

In Florida, in order for any will to be valid it must be signed by the testator (i.e. the will maker) and two witnesses. Traditionally, these individuals would meet in an office or conference room with a notary and the lawyer representing the testator. The testator would physically sign the will followed by the two witnesses signing the will, all in the presence of each other.

Electronic wills, on the other hand, can be executed over video conferences, such as Zoom. An online notary oversees the signing but they along with the testator and witnesses can all be in different physical locations. The will is not signed with a pen but instead, an electronic signature. The testator and witnesses all make verbal statements indicating that they have signed the will.

Storing Wills 

State law does not specify how traditional wills are to be stored but they are generally kept in a safety deposit box, a lawyer’s office, or another secure location. The law, though, is very specific on the storage of electronic wills. An electronic will is only valid if it is stored electronically by a ‘qualified custodian’. The requirements for qualified custodians are as follows:

• Be a resident of Florida or the business is incorporated under state law
• Maintain a physical office in the state which offers custodial services
• Provide the testator and the testator’s personal representative with access to the electronic will
• Maintain a system for securely storing electronic records, including securing the documents from unauthorized access
• Retain the will in a manner that prevents tampering and unauthorized changes
• Purchase cyber insurance that protects against data loss, hacking, and other digital threats

Vulnerable Adults Cannot Create Electronic Wills 

All testators in Florida must have ‘testamentary capacity’ to execute any type of will in the state. The law specifically outlines, however, that vulnerable adults are prohibited from using remote means to electronically sign a will. Under state law, a vulnerable adult is any adult with an impaired ability to perform normal daily activities, such as providing for their own care or protection. This may include people who live in assisted living, nursing home facilities, or receive at-home nursing assistance.

Our Wills Attorney in St. Petersburg Can Draft Your Estate Planning Documents 

Regardless of how you draft your will, it is important to obtain legal advice from a St. Petersburg wills attorney. At Legacy Protection Lawyers, LLP, our seasoned attorneys can help you identify your goals and draft your will accordingly no matter how you would like to draft it. Call us today at 727-471-5868 or contact us online to schedule a consultation with one of our experienced attorneys and to obtain the legal help you need.

Sources:

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

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.523.html