The state of Florida could soon become the second state in the United States to expressly authorize the use of “electronic wills.” Proposed legislation was originally introduced in the Florida Senate on Dec. 21, 2016 ,(S.B. 206), and in the Florida House of Representatives on Jan. 18 (H.B. 277). The two versions of the proposed legislation as amended by the committee substitutes (CS) are known as the Florida Electronic Wills Act. If enacted, the act would not replace the existing Florida Probate Code but would provide an additional method by which an individual could create a valid Florida last will and testament (last will). This article will discuss some aspects of the legislation.
In order to be valid under current Florida law, a last will must be in writing which is generally presumed to be written in ink on paper. Florida does not recognize nuncupative wills (oral) or holographic wills (ones written by hand). Although not specifically prohibited under current law, the Act would expressly permit Florida last wills in electronic form.
