The legalization of Electronic Wills or “E-Wills” is coming closer to happening in New York. On April 11, 2025, a bill was proposed by Chantel Jackson, Nader Sayegh, Mary Jane Shimsky and Karen McMahon of the New York State Assembly to implement the integration of E-Wills into New York Law. The bill is Assembly Bill A7856A, and it is currently on the floor calendar. It has already passed the New York State Senate, and if it also passes the New York State Assembly, it will be delivered to Governor Kathy Hochul to be signed.

This is not the first time such a bill has been proposed. Assembly Bill A7702A was proposed on June 6, 2023, undoubtedly as a response to the COVID-19 pandemic. This bill is still before the Assembly Committee and has not been voted on. Nevertheless, both bills are substantially the same. In fact, they are both based on the Uniform Electronic Wills Act (“UEWA”). Several states and territories have already adopted the UEWA.

The requirements for the execution of an E-Will are significantly different from the requirements of a traditional will in New York. Therefore, the bill has been met with some resistance and passage is not certain.

Among the criticisms is that an E-Will under A7856A does not need to be witnessed by two people. Instead, only the testator’s execution must be notarized. It is feared that this discrepancy between paper and electronic wills would cause unnecessary delays in probate and litigation. There is also a concern that there is no clear way to identify an original electronic will for the purposes of probate as E-Wills can be easily duplicated and circulated.

Perhaps most concerning is the inclusion of a “harmless error doctrine,” which would effectively allow an improperly executed E-Will to be probated if the testator’s intent could be proven by clear and convincing evidence. This is inconsistent with the very strict execution requirements for traditional wills in New York.

Despite the possible problems, enactment of this Act offers significant benefits. It would make the execution process of a will vastly more accessible, allow for a more expedient execution, revocation, or amendment process, and facilitate circulation to those the testators wish to share it with prior to their passing. Additionally, it would further prevent the loss of a will due to natural disasters like house fires or floods.

This office will continue to keep you abreast of any developments in this law. If you have any questions regarding the estate planning process, please contact one of our trusted attorneys.