Bill > A07856

This bill introduces comprehensive provisions for creating, executing, and managing electronic wills in New York State. The legislation defines an electronic will as a digital document that must be created, signed, and filed electronically with specific legal requirements. Key provisions include mandating that electronic wills must be readable as text, signed by the testator or someone acting on their behalf in the testator's presence, and witnessed by at least two state domiciliaries within thirty days of execution. The bill requires a mandatory caution statement to be included in the electronic will, warning the testator about the legal implications and execution requirements. Electronic wills must be filed with the New York State Unified Court System within thirty days of execution, and can be revoked through subsequent wills, removal from the court system, or a written declaration of revocation. The legislation also establishes definitions for terms like "electronic presence," "sign," and "audit trail data," and provides guidelines for making electronic wills self-proving by including witness acknowledgments and affidavits. The bill aims to modernize will creation by adapting legal frameworks to accommodate digital documentation while maintaining crucial safeguards to protect the testator's intentions and prevent potential fraud.

Justice

https://www.nysenate.gov/legislation/bills/2025/A7856