This would allow the Government to bring forward secondary legislation to enable the
use of electronic wills at a time when it is feasible to do so.
The experience of other jurisdictions and our assessment of various methods of electronic authentication inform our provisional proposal of an enabling power to pave the way for the
introduction of electronic wills.
The digital world is only just beginning to influence the law of wills, both through statutory recognition and through a nascent case law showing
acceptance of electronic wills.
Wills and Trusts; Creating the «Florida Electronic Wills Act»; specifying requirements that must be satisfied in the
execution of electronic wills; authorizing an electronic will of a nonresident of this state which is properly executed in this or another state to be offered for and admitted to probate in this state; specifying requirements for service as a qualified custodian, etc..
«It is anticipated that the biggest issue regarding the
admission of electronic wills will be the difficulty in authenticating the electronic document,» Tucker wrote for his law firm blog.
At the
heart of the electronic will lie an NVIDIA Tegra 2 System - on - Chip (SoC), known for its performance both in terms of processing as well as multimedia support.
In what follows we explore the
benefits of electronic wills, explain why the current formality rules stand in the way of such wills and examine several methods of electronically authenticating documents.
Tightly specifying the necessary technical requirements may have the effect of preventing the
adoption of electronic wills rather than enabling their adoption.
6.34 Our starting point has been to recognise that, while the
status of electronic wills is currently uncertain, it is highly likely that their use will become commonplace in the future.
«It allows for the witnessing and notarization of wills using remote audio and video technology without providing adequate safeguards to prevent fraud and exploitation of Florida's most vulnerable citizens and to ensure the identity of the witnesses and the testator and the security and
integrity of the electronic wills,» he says.
Together they've co-authored a white paper laying out the practical and public policy arguments in
favor of electronic wills, posted here on Willing's website.
The Law Commission wishes to pave the way for the introduction
of electronic Wills so that text messages, emails and voicemails could be considered legally binding as a person's Will.
My personal suspicion is that those with larger estates will continue to prepare wills and trusts the traditional way with paper and attorneys, but those with smaller estates may find the ease and
cost of electronic wills to be appealing.
5.97 It might also be thought that there is also a risk that the potential
recognition of electronic wills could supersede a proposal that we make elsewhere in this Consultation Paper.
As of this writing, the Uniform Law Commission has decided to draft a uniform act concerning electronic wills, [146] and legislation has been introduced in several states to authorize the
use of electronic wills.
It is anticipated that the biggest issue regarding the
admission of electronic wills will be the difficulty in authenticating the electronic document.
The FEWA authorizes the creation
of electronic wills and provides that the execution of electronic wills may be witnessed and notarized through the use of remote technology.
Given that the law already permits, and indeed facilitates, the nonprobate system in which electronic documents and signatures are legally recognized, we believe it is a very small step toward the legal recognition
of electronic wills.