What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills need to be in writing? Do Florida wills need to be witnessed and signed? Do wills in Palm Beach need to be notarized? What is an electronic will? How would the Florida Electronic Wills Act affect the execution of wills? If electronic wills were approved in Florida, would West Palm Beach trust lawyers need to interpret Statute 732.502 differently? On June 26, 2017, Governor Rick Scott vetoed House Bill 277. This bill creates the “Florida Electronic Wills Act”. This act “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.” Why did Governor Scott veto this bill? If it would have been approved, how would the requirements for the execution of Florida wills have changed? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida.
732.502 Execution of wills.—Every will must be in writing and executed as follows:
(1)(a) Testator’s signature.—
1. The testator must sign the will at the end; or
2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.
(b) Witnesses.—The testator’s:
1. Signing, or
2. Acknowledgment:
a. That he or she has previously signed the will, or
b. That another person has subscribed the testator’s name to it,
must be in the presence of at least two attesting witnesses.
(c) Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.
(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.
(3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.
(4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.
(5) A codicil shall be executed with the same formalities as a will.
To read more about why Governor Scott vetoed the Florida Electronic Wills Act,
click here.