Last year, we wrote about a bill awaiting Governor Hochul’s signature that would legalize “E-Wills” in New York. The bill, dubbed the Electronic Wills Act (the “EWA” or “Act” herein), was primarily based on the Uniform Electronic Wills Act, which has been adopted by several states and territories. Since our last post, the Governor has signed the Act into law, codified under the New York Estates, Powers and Trusts Law (“EPTL”) Section 3-6.1.
When Does the EWA Go into Effect?
The law goes into effect on June 10, 2027. It is unclear why this Act will not be effective until a year and a half after its enactment. However, passage of the Act is still a momentous occasion for New York’s Wills, Trusts, and Estates law and substantially changes the landscape for Testators and their attorneys.
What Are the Requirements for an Electronic Will?
For an E-Will to be valid under the EWA, certain criteria must be met. The E-Will must:
- Be readable as text at the time it is signed;
- Include the statutory disclosure language in a particular font;
- Be signed pursuant to EPTL 3-2.1(a)(1)(c);
- Be witnessed by two individuals who are domiciled in New York and must either physically or electronically sign the E-Will in the presence of the Testator within 30 days of witnessing the Testator’s own signature/acknowledgment;
- Contain “audit trail data;”
- Be e-filed with the New York State Unified Court System within 30 days of its execution.
How Are E-Wills Different from Paper Wills?
The filing requirement for an E-Will is a significant departure from existing laws regarding the validity of paper Wills. While paper Wills can be filed, it is not essential for a valid Will.
Interestingly, the filing requirement also creates additional steps for revoking an E-Will. A Testator who would like to revoke their existing E-Will must request its removal from the filing system directly through the Court portal. This is substantially different from paper Wills. To revoke a paper Will, the Testator must only destroy the original Will.
Are E-Wills Private?
Although E-Wills must be filed with the State, they would be kept private and secure and unavailable for public viewing. This prevents possible litigation from friends or family of a Testator disputing their share (or lack thereof) prior to the Testator’s passing.
If you or someone you know is interested in estate planning, please contact one of our trusted attorneys.