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S07416 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7416--A
            Cal. No. 776
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 15, 2025
                                       ___________
 
        Introduced  by  Sens.  HOYLMAN-SIGAL,  SKOUFIS -- read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary  --  reported  favorably from said committee, ordered to first and
          second report,  ordered  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading
 
        AN  ACT  to amend the estates, powers and trusts law and the state tech-
          nology law, in relation to electronic wills
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Article 3 of the estates, powers and trusts law is amended
     2  by adding a new part 6 to read as follows:
     3                          PART 6. ELECTRONIC WILLS
     4  Section 3-6.1 Short title
     5          3-6.2 Definitions
     6          3-6.3 Law applicable to electronic will; principles of equity
     7          3-6.4 Choice of law regarding execution
     8          3-6.5 Caution to testator
     9          3-6.6 Execution of electronic will
    10          3-6.7 Revocation
    11          3-6.8 Electronic will attested and made self-proving at time  of
    12                  execution
    13          3-6.9 Filing of an electronic will
    14  § 3-6.1 Short title
    15    This part may be cited as the New York electronic wills act.
    16  § 3-6.2 Definitions
    17    For purposes of this part the following terms shall have the following
    18  meanings:
    19    (a)  "Audit  trail  data"  means  data  about  the activities of data,
    20  including  but  not  limited  to  the  electronic  will's  creation  and
    21  execution.
    22    (b)  "Electronic" shall have the same meaning set forth in subdivision
    23  one of section three hundred two of the state technology law.
    24    (c) "Electronic presence" means the relationship of two or more  indi-
    25  viduals  in different locations communicating in real time by electronic
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11569-02-5
        S. 7416--A                          2
 
     1  means  to the same  extent as if the individuals were physically present
     2  in the same location.
     3    (d)  "Electronic will" means a will executed electronically in compli-
     4  ance with paragraph (a) of section 3-6.6 and subsequently filed with the
     5  New York state unified court system in accordance  with  section  3-6.9.
     6  The original electronic will shall contain audit trail data.
     7    (e)  "Record" means information that is inscribed on a tangible medium
     8  or that is stored in an electronic or other medium and is retrievable in
     9  perceivable form.
    10    (f) "Sign" means, with present  intent  to  authenticate  or  adopt  a
    11  record:    (1) to execute or adopt a tangible symbol; or (2) to affix to
    12  or logically associate with the record an electronic symbol or process.
    13    (g) "State" means a state of the United States, the District of Colum-
    14  bia, Puerto Rico, the United States Virgin Islands, or any territory  or
    15  insular  possession  subject  to  the jurisdiction of the United States.
    16  The term shall also include a federally recognized Indian tribe.
    17    (h) "Will" has the same meaning as in section 1-2.19.
    18  § 3-6.3 Law applicable to electronic will; principles of equity
    19    An electronic will is a will for all  purposes  of  the  law  of  this
    20  state. The law of this state applicable to wills and principles of equi-
    21  ty apply to an electronic will, except as modified by this act.
    22  § 3-6.4 Choice of law regarding execution
    23    A  will  executed  electronically but not in compliance with paragraph
    24  (a) of section 3-6.6 is an electronic will under this act if executed in
    25  compliance with the law of the jurisdiction where the testator is:
    26    (a) physically located when the will is executed; or
    27    (b) domiciled when the will is executed or when the testator dies.
    28  § 3-6.5 Caution to the testator
    29    An electronic will shall include a disclosure substantially similar to
    30  the following in twelve-point font or  larger,  boldface,  double-spaced
    31  type:
    32    CAUTION TO THE TESTATOR: YOUR WILL IS AN IMPORTANT DOCUMENT. AS TESTA-
    33  TOR, YOUR WILL SHOULD REFLECT YOUR FINAL WISHES. TO BE VALID, IT MUST BE
    34  SIGNED BY YOU OR ANOTHER INDIVIDUAL AUTHORIZED BY YOU AND WHO IS IN YOUR
    35  PHYSICAL PRESENCE AT THE TIME OF SIGNING. IT MUST ALSO BE SIGNED IN YOUR
    36  PHYSICAL  OR  ELECTRONIC  PRESENCE  BY AT LEAST TWO INDIVIDUALS, EACH OF
    37  WHOM IS A DOMICILIARY OF A STATE, AND EACH OF WHOM SIGNS THE WILL WITHIN
    38  A THIRTY DAY PERIOD AFTER WITNESSING YOU SIGN THE  WILL  OR  ACKNOWLEDGE
    39  THAT YOU SIGNED IT.
    40    WITHIN  THIRTY  DAYS AFTER THE ELECTRONIC WILL IS EXECUTED, IT MUST BE
    41  ELECTRONICALLY FILED WITH THE NEW YORK STATE UNIFIED COURT SYSTEM.
    42    YOU MAY REVOKE YOUR ELECTRONIC WILL AT ANY TIME.  YOU  MAY  DO  SO  BY
    43  EXECUTING  A SUBSEQUENT WILL OR SEPARATE WRITING CLEARLY INDICATING YOUR
    44  INTENT TO REVOKE ALL OR PART OF YOUR ELECTRONIC WILL, OR  BY  REQUESTING
    45  ITS  REMOVAL FROM THE NEW YORK STATE UNIFIED COURT SYSTEM. ONCE YOU HAVE
    46  REMOVED YOUR ELECTRONIC WILL FROM  THE  NEW  YORK  STATE  UNIFIED  COURT
    47  SYSTEM, IT IS REVOKED.
    48  § 3-6.6 Execution of electronic will
    49    (a) Subject to paragraph (d) of section 3-6.8, an electronic will must
    50  be:
    51    (1)  a  record  that  is readable as text at the time of signing under
    52  subparagraph two;
    53    (2) signed at the end thereof by:
    54    (A) the testator; or
        S. 7416--A                          3
 
     1    (B) another individual in the testator's name, in the testator's phys-
     2  ical presence and by the testator's direction, in  a  manner  consistent
     3  with section 3-2.1 (a)(1)(C), subject to the following:
     4    (i)  The  presence  of  any matter following the testator's signature,
     5  appearing on the will at the time of its execution, shall not invalidate
     6  such matter preceding the signature as appeared on the will at the  time
     7  of  its execution, except that such matter preceding the signature shall
     8  not be given effect, in the discretion of the surrogate,  if  it  is  so
     9  incomplete as not to be readily comprehensible without the aid of matter
    10  which follows the signature, or if to give effect to such matter preced-
    11  ing  this  signature  would  subvert the testator's general plan for the
    12  disposition and administration of their estate.
    13    (ii) No effect shall be given to any matter, other than  the  attesta-
    14  tion  clause,  which  follows  the  signature of the testator, or to any
    15  matter preceding such signature which  was  added  subsequently  to  the
    16  execution of the will; and
    17    (3)  signed  in the physical or electronic presence of the testator by
    18  at least two individuals, each of whom is a domiciliary of a  state  and
    19  within a thirty day period after witnessing:
    20    (A) the signing of the will under subparagraph two; or
    21    (B)  the  testator's  acknowledgment  of the signing of the will under
    22  subparagraph two or acknowledgment of the will.
    23    (b) Intent of a testator that the record  under  subparagraph  one  of
    24  paragraph  (a)  of this section be the testator's electronic will may be
    25  established by extrinsic evidence.
    26  § 3-6.7 Revocation
    27    (a) An electronic will may revoke all or part of a previous will.
    28    (b) An electronic will is revoked by:
    29    (1) a subsequent will that revokes all or part of the electronic will;
    30    (2) removal of the electronic will from the custody of  the  New  York
    31  state unified court system by:
    32    (i) the testator;
    33    (ii)  another  person  duly authorized by the testator as proved by at
    34  least two witnesses, neither of whom shall be the  person  removing  the
    35  electronic will; or
    36    (iii)  as otherwise authorized by the uniform rules of the surrogate's
    37  court; or
    38    (3) a writing of the  testator  clearly  indicating  an  intention  to
    39  effect  such  a  revocation or alteration, executed with the formalities
    40  prescribed by this article for the execution and attestation of a will.
    41    (c) An electronic will may be removed from the custody of the New York
    42  state court system by order of a court of competent jurisdiction  which,
    43  if  occurring during the lifetime of the testator, shall not be deemed a
    44  revocation of the electronic will.
    45  § 3-6.8 Electronic will  attested  and  made  self-proving  at  time  of
    46            execution
    47    (a)  An  electronic will may be simultaneously executed, attested, and
    48  made self-proving by acknowledgment of the testator  and  affidavits  of
    49  the witnesses.
    50    (b) The acknowledgment and affidavits under paragraph (a) must be:
    51    (1) made before and in the physical or electronic presence of an offi-
    52  cer  authorized  to administer oaths under law of the state in which the
    53  officer is located; and
    54    (2) evidenced by the officer's certificate under official seal affixed
    55  to or logically associated with the electronic will.
        S. 7416--A                          4

     1    (c) The acknowledgment and affidavits under paragraph (a) must conform
     2  with section fourteen hundred six of the surrogate's court procedure act
     3  and must indicate that the will was signed electronically.
     4    (d)  A  signature physically or electronically affixed to an affidavit
     5  that is affixed to or logically associated with an electronic will under
     6  this act is deemed a signature of the electronic  will  under  paragraph
     7  (a) of section 3-6.6.
     8  § 3-6.9 Filing of electronic will
     9    Within thirty days of its execution, an electronic will shall be elec-
    10  tronically  filed with the New York state unified court system either by
    11  the testator or another person duly  authorized  by  the  testator.  The
    12  electronic  will  shall  remain  in  the  custody  of the New York state
    13  unified court system until such time as it  is  removed  or  revoked  in
    14  accordance  with section 3-6.7. The failure to timely file an electronic
    15  will with the New York state unified court system shall  result  in  the
    16  unfiled electronic will being deemed invalid.
    17    § 2. Paragraph (a) of section 1-2.19 of the estates, powers and trusts
    18  law,  as amended by chapter 686 of the laws of 1967, and such section as
    19  renumbered by chapter 595 of the laws of 1992, is  amended  to  read  as
    20  follows:
    21    (a)    A  will  is  an oral declaration or written instrument, made as
    22  prescribed by 3-2.1 [or], 3-2.2 or 3-6.6  to  take  effect  upon  death,
    23  whereby  a  person  disposes  of property or directs how it shall not be
    24  disposed of, disposes of [his] their body or any part thereof, exercises
    25  a power, appoints a fiduciary or  makes  any  other  provision  for  the
    26  administration  of  [his]  their  estate,  and which is revocable during
    27  [his] their lifetime.
    28    § 3. The opening paragraph of paragraph (a) of section  3-2.1  of  the
    29  estates, powers and trusts law is amended to read as follows:
    30    Except  for  nuncupative and holographic wills authorized by 3-2.2 and
    31  electronic will authorized by part six of this article, every will  must
    32  be in writing, and executed and attested in the following manner:
    33    §  4.  Subdivision  1  of  section 307 of the state technology law, as
    34  separately amended by chapters 543 of the laws of 2023 and chapter 33 of
    35  the laws of 2024, is amended to read as follows:
    36    1. To any document providing for the disposition  of  an  individual's
    37  person or property upon death or incompetence, or appointing a fiduciary
    38  of  an  individual's  person or property, including, without limitation,
    39  wills, unless such will is executed pursuant  to  part  six  of  article
    40  three  of the estates, powers and trusts law, trusts, decisions consent-
    41  ing to orders not to resuscitate,  and  powers  of  attorney,  with  the
    42  exception  of:  (a) contractual beneficiary designations; (b) the regis-
    43  tration of making,  amending,  or  revoking  an  anatomical  gift  under
    44  section  forty-three hundred ten of the public health law; (c) documents
    45  and forms authorizing  or  accepting  funeral,  cemetery  and  cremation
    46  services;  and  (d)  the  execution of a valid power of attorney for the
    47  purpose of transferring a salvage certificate of title and the execution
    48  of an odometer and damage disclosure statement in connection  with  such
    49  title  whenever a loss in connection with a private automobile is deter-
    50  mined by an insurer to be a total loss or constructive total loss  under
    51  section three thousand four hundred twelve of the insurance law.
    52    §  5.  This  act shall take effect on the five hundred forty-fifth day
    53  after it shall have become a law. Effective, immediately, the  addition,
    54  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    55  implementation of this act on its effective date  is  authorized  to  be
    56  made on or before such effective date.

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