Monday, October 28, 2019

Electronic Notarization and Electronic Wills come to Florida


In a recent article Florida Bar Journal by Sarah S. Butters and Jenna G. Rubin, the authors discuss the recent Florida legislation that authorizes online notarization and electronic wills. The Florida legislature attempted to create a balance between the convenience of online transactions and the safeguards necessary to ensure the validity of online notarization and the protection of vulnerable adults who may choose to conduct their planning through the use of electronic wills.  The legislation includes procedures to verify the identity of the person signing the online document. Florida notaries will be required to follow new procedures, utilize authorized technology and comply with education requirements.  The portion of the law relating to online notarization takes effect January 1, 2020, while the portion covering electronic wills takes effect on July 1, 2020.  As the linked article points out, Florida adopted the Uniform Electronic Transaction Act in 2000 and the Uniform Real Property Electronic Recording Act in 2007. 

https://www.floridabar.org/the-florida-bar-journal/danger-will-robinson-the-new-frontier-of-remote-online-notarization-and-electronic-wills/

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