Legislation

* § 3-6.5 Caution to the testator

An electronic will shall include a disclosure substantially similar to
the following in twelve-point font or larger, boldface, double-spaced
type:

CAUTION TO THE TESTATOR: YOUR WILL IS AN IMPORTANT DOCUMENT. AS
TESTATOR, YOUR WILL SHOULD REFLECT YOUR FINAL WISHES. TO BE VALID, IT
MUST BE SIGNED BY YOU OR ANOTHER INDIVIDUAL AUTHORIZED BY YOU AND WHO IS
IN YOUR PHYSICAL PRESENCE AT THE TIME OF SIGNING. IT MUST ALSO BE SIGNED
AT YOUR REQUEST BY AT LEAST TWO INDIVIDUALS, EACH OF WHOM IS A
DOMICILIARY OF A STATE, AND EACH OF WHOM SIGNS THE WILL WITHIN A THIRTY
DAY PERIOD AFTER WITNESSING YOU SIGN THE WILL OR ACKNOWLEDGE THAT YOU
SIGNED IT IN EACH OF THEIR PHYSICAL OR ELECTRONIC PRESENCES.

WITHIN THIRTY DAYS AFTER THE ELECTRONIC WILL IS EXECUTED, IT MUST BE
ELECTRONICALLY FILED WITH THE NEW YORK STATE UNIFIED COURT SYSTEM.

YOU MAY REVOKE YOUR ELECTRONIC WILL AT ANY TIME. YOU MAY DO SO BY
EXECUTING A SUBSEQUENT WILL OR SEPARATE WRITING CLEARLY INDICATING YOUR
INTENT TO REVOKE ALL OR PART OF YOUR ELECTRONIC WILL, OR BY REQUESTING
ITS REMOVAL FROM THE NEW YORK STATE UNIFIED COURT SYSTEM. ONCE YOU HAVE
REMOVED YOUR ELECTRONIC WILL FROM THE NEW YORK STATE UNIFIED COURT
SYSTEM, IT IS REVOKED.
§ 3-6.6 Execution of electronic will

(a) Subject to paragraph (d) of section 3-6.8, an electronic will must
be:

(1) a record that is readable as text at the time of signing under
subparagraph two;

(2) signed at the end thereof by:

(A) the testator; or

(B) another individual in the testator's name, in the testator's
physical presence and by the testator's direction, in a manner
consistent with section 3-2.1 (a)(1)(C), subject to the following:

(i) The presence of any matter following the testator's signature,
appearing on the will at the time of its execution, shall not invalidate
such matter preceding the signature as appeared on the will at the time
of its execution, except that such matter preceding the signature shall
not be given effect, in the discretion of the surrogate, if it is so
incomplete as not to be readily comprehensible without the aid of matter
which follows the signature, or if to give effect to such matter
preceding this signature would subvert the testator's general plan for
the disposition and administration of their estate.

(ii) No effect shall be given to any matter, other than the
attestation clause, which follows the signature of the testator, or to
any matter preceding such signature which was added subsequently to the
execution of the will;

(3) declared by the testator to each of the attesting witnesses in
their physical or electronic presence that the instrument the testator
has signed is the testator's will; and

(4) signed at the request of the testator by at least two individuals,
each of whom is a domiciliary of a state and within a thirty day period
after witnessing:

(A) the signing of the will under subparagraph two; or

(B) the testator's acknowledgment of the signing of the will under
subparagraph two or acknowledgment of the will.

(b) An electronic will must be created and stored using technology
that reliably evidences to a person inspecting the electronic record:

(1) The authenticity of the testator's signing of the electronic
record;

(2) The identity of that electronic record with the electronic record
attested by the witnesses;

(3) All additions, deletions, or other alterations of the electronic
record after signing by the testator; and

(4) Audit trail data.

(c) Intent of a testator that the record under subparagraph one of
paragraph (a) of this section be the testator's electronic will may be
established by extrinsic evidence.

* NB Effective December 12, 2027