NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7856A
SPONSOR: Lavine TITLE OF BILL:
An act to amend the estates, powers and trusts law and the state tech-
nology law, in relation to electronic wills
PURPOSE:
To permit the electronic execution of wills.
SUMMARY OF PROVISIONS:
Section 1. a new partAmends article 3 of the estates,powers and trusts
law to add 6 Electronic Wilts.
New Part 6, Section3-6.1 - Short title.New York Electronic Wills Act.
New Part 6, Section 3-6.2 - Definitions
New Part 6, Section 3-6.3 Law applicableto electronic will; principles
of equity
New Part 6, Section 3-6.4 - Choice of law regarding execution
New Part 6, Section 3-6.5 - Caution to the testator
New Part 6, Section 3-6.6 - Execution of electronic will
New Part 6, Section 3-6.7 - Revocation
New Part 6, Section 3-6.8 - Electronic Will attestedand made self-prov-
ing at time of execution
New Part 6, Section 3-6.9 - Filing of electronic will
Section 2. Amends paragraph(a)of section 1-2.19 of the estates, powers
and trusts law to include an electronic will under the definition of
"will."
Section 3. Amends the opening paragraph of paragraph(a)of section 3-2.1
of the estates, powers and trusts law to allow for the execution of
electronic wills.
Section 4. Amends Subdivision 1 of section 307 of the state technology
law to make the Article 3 of the State Technology Law, the Electronic
Signature and Records Act, applicable to electronic wills.
Section 5. Effective Date
JUSTIFICATION:
Currently, New York State law allows one to create estate planning docu-
ments, including wills, electronically. However, if a New Yorker were to
execute a will electronically, the execution would not have the same
presumption of validity that would accompany the electronic execution of
almost any other document. Allowing for the electronic execution of
wills would make these important documents more accessible to a wider
range of New Yorkers. This legislation would accomplish this goal.
There are currently numerous services that will allow consumers to
prepare legal documents electronically. The pandemic made clear the need
for individuals to be able to create or update critically important
estate planning documents electronically and remotely, rather than only
in person. Additionally, the cost of lawyers' fees is a disincentive for
many consumers as they consider making a will. Allowing for the elec-
tronic drafting and execution of wills addresses both these issues.
Article 3 of the State Technology Law authorizes electronic signatures
for documents but exempts wills from documents for which these electron-
ic signatures are authorized. Section 135-c of the Executive Law author-
izes electronic notarization of documents but requires that the notary
performing the electronic notarization be in New York State. This legis-
lation would simply broaden existing statutes to allow for the electron-
ic signature, attestation, and notarization of wills.
More and more states are taking up the issue of online signing, witness-
ing, and notarization of wills and other estate planning documents.
States began enacting electronic will legislation in 2017, beginning
with Nevada. Since then, 13 states and the District of Columbia have
enacted laws permitting electronic wills. In 2020, the Uniform Law
Commission adopted the Uniform Electronic Wills Act (UEWA) to recognize
the growing national momentum behind the concept, modernize estate plan-
ning, and increase the accessibility of wills.
This legislation not only modernizes estate planning, but democratizes
it, too. Currently, fewer than half of Americans have wills and other
estate planning documents in place, and the percentage is even lower for
black, Hispanic, and other historically underserved communities. Enabl-
ing online will execution for individuals who are used to paying bills,
attending school and communicating online just makes sense.
LEGISLATIVE HISTORY:
2023-2024: A.7702-A (Remained in Judiciary Committee)/S.8501 (Advanced
to Calendar)
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the five hundred forty-fifth day after it
shall have become a law; however, the addition, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective da is authorized to be made on or before such effective
date.
