In an attempt to usher in a new digital era, just before the COVID-19 pandemic drastically altered daily life in early 2020, the Florida Legislature enacted the Florida Electronic Wills Act, which purported to dispense with the necessity of an original signed (paper) will by permitting wills to be signed, witnessed and notarized electronically (the act). The act became effective on July 1, 2020, just months after the pandemic began. On paper, this seemed like a pivotal step toward bringing estate planning into the digital age where original paper documents would no longer be needed, particularly as people sought safer ways to conduct personal and legal business during the pandemic.

Nearly five years later, the promise of a fully digital solution for estate planning is far from realized. When it comes to estate planning documents such as wills and trusts, despite the widespread adoption of digital platforms in various other industries, an original signed will is still absolutely required.