Florida Makes Big Move to Allow Electronic Wills

This past June, Governor Ron DeSantis signed HB-409 which  allows for electronic signing, witnessing and notarization of wills and other estate planning documents, and outlines strict standards that must be followed during the process.

While the legislation itself does give some insight into how the law will actually work, and lays out a lot of the framework, it is still up to the Florida Department of State to finish with how the actual implementation will work. What we do know so far is this:

1. All e-signings will require a secure video-connection which will be captured along with the signing.
2. The process will also require very specific formatted and questions to be asked and answered during the process.
3. Certain documents which transfer authority to act on ones behalf, will not be allowed to be electronically signed, for example durable powers of attorney’s.

While the new law is not designed in any way to replace traditional signings, and instead give the public another option. Depending on how successful the use of E-Signing proves to be one could foresee it become a more prevalent and popular move for signing and notarizing all types of documents.