When you choose to make a will, it is important to remember that creating and executing the will are two distinctly separate components of the process, and if either piece is faulty, they threaten the integrity of the document as whole, as well as its authority in Florida when you pass away or become incapacitated.
A startup company in Miami is creating a platform for simplifying will creation and execution, but it still faces a some legal hurdles before Florida recognizes these wills.
The governor recently vetoed a bill meant to allow electronic will creation and filing, but some experts believe that it is only a matter of time until the process is accepted both here in Florida and throughout the country. However, there are still many issues that must be dealt with before the process is both legal and properly safeguarded against abuse.
For some, the issue at hand is not a matter whether e-filing a will is possible, but whether it is wise. While electronic document signing is not a new technology at this point, the underlying process of creating a will is one that must be done carefully and thoughtfully to avoid unintended consequences. While the ease of creating and executing an electronic will does meet a need in the estate planning marketplace, it separates the document from the necessary counsel that proper estate planning requires.
If you are ready to create a will, regardless of how you wish to make the document, it is wise to seek out guidance from an experienced estate planning attorney who can help you express your wishes while avoiding pitfalls in the process and protecting your interests. Creating a will is one thing, while creating a will that fully addresses your end of life wishes and makes the most of the laws that govern estate planning is quite another.
Source: CBS News, “Get ready for your last e-will and testament,” Ed Leefeldt, July 19, 2017; Will Power, “A Look At How Americans Distribute Inheritance In Their Last Will and Testament”