The Introduction of e-Wills

June 9, 2017 Noah Weisberg General Interest, In the News, Wills Tags: , , , , , , 0 Comments

I recently came across this interesting article regarding legislation introduced in Florida authorizing electronic Wills and electronic Will execution.

Titled the Florida Electronic Wills Act, currently awaiting final approval from the Governor of Florida, permits exactly what its title suggests – a testator can create and sign a Will on a tablet, computer, or in another electronic form, and witnessing of the Will may be done using remote audio and video technology.

So, the Act still requires that the Will be written, signed, and witnessed.  But, it allows all of this to happen in cyberspace.

Certain safeguards are built into the Act.  For instance, virtual will signing meetings must be recorded and stored to be available for evidence in case there is a later dispute.  As well, at the video session, the testator must present ID and answer certain questions, including whether the testator “is of sound mind” and “is signing the document voluntarily”.

Hoping to jump into this new market, a company called willing.com, has launched a website to assist testators with making their Wills online.  Not everyone is pleased though with the proposed Act in its current form, as evidenced by the submissions of the Real Property, Probate and Trust Law Section of the Florida Bar.

Nothing of this sort exists in Ontario….just yet.  Interestingly though, the Law Reform Commission of Saskatchewan prepared a Report on Electronic Wills in 2004.

Noah Weisberg

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