Electronic Wills in Florida: Why Did Governor Scott Veto House Bill 277?

On June, 26 2017,  Governor Rick Scott vetoed House Bill 277. This bill creates the Florida Electronic Wills Act, which  “authorizes the creation and execution of electronic wills, and provides that the execution of electronic wills may be witnessed and notarized through the use of remote technology.”  How would approving electronic wills impact the Florida probate world? Would it be harder for probate litigators to assist clients in contesting Florida wills? How would you be able to prove that the testator electronically signed a will if her physical signature is not required?

In his veto letter, Governor Scott discusses the concept of remote notarization. Although he admits that the concept of remote notarization could increase access to Palm Beach estate planning services, he feels that the notarization provisions in the bill ” do not adequately ensure authentication of the identity of the parties to the transaction and are not cohesive with the notary provisions set forth in Chapter 117, Florida Statutes.” Notaries “safeguard vulnerable Floridians against fraud and exploitation.”  West Palm Beach probate lawyers know that exploitation of the elderly and probate fraud is, unfortunately, common in Florida. Would allowing remote notarization of will make it easier for people to commit probate fraud? To read Governor Scott’s veto letter in its entirety, click here.