The Florida legislature recently passed a bill through both houses authorizing electronic wills and electronic will execution. The purpose of the legislation is to aid in reducing fraud and misdeeds associated with paper wills. Paper wills will not be affected by the legislation, but they may be revoked by an electronic will.

A few key provisions, if the electronic will is signed by the testator electronically, then the witnesses must sign electronically as well; two witnesses are still required and they must be in the testator’s presence. The digital signature does not require a third party intermediary for the testator to establish an online identity. If the will contains a self-proving affidavit, both the will and the affidavit must be stored with an authorized custodian. There are a number of restrictions on who may be a custodian and their subsequent liability; persons drafting electronic wills should include the name of the custodian in the will.

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