Senate Bill S8501

2023-2024 Legislative Session

Relates to enacting provisions for the execution of electronic wills

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S8501 (ACTIVE) - Details

See Assembly Version of this Bill:
A7702
Current Committee:
Senate Rules
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add Art 3 Part 6 §§3-6.1 - 3-6.9, amd §3-2.1, EPT L; amd §307, St Tech L

2023-S8501 (ACTIVE) - Summary

Enacts provisions for the execution of electronic wills including attestation, notarization, and revocation.

2023-S8501 (ACTIVE) - Sponsor Memo

2023-S8501 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8501
 
                             I N  S E N A T E
 
                             February 6, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 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:

   Section 1. Article 3 of the estates, powers and trusts law is  amended
 by adding a new part 6 to read as follows:
                         PART 6. ELECTRONIC WILLS
 SECTION 3-6.1 SHORT TITLE
         3-6.2 DEFINITIONS
         3-6.3 LAW APPLICABLE TO ELECTRONIC WILL; PRINCIPLES OF EQUITY
         3-6.4 CHOICE OF LAW REGARDING EXECUTION
         3-6.5 EXECUTION OF ELECTRONIC WILL
         3-6.6 HARMLESS ERROR
         3-6.7 REVOCATION
         3-6.8 ELECTRONIC  WILL ATTESTED AND MADE SELF-PROVING AT TIME OF
                 EXECUTION
         3-6.9 CERTIFICATION OF PAPER COPY
 § 3-6.1 SHORT TITLE
   THIS PART MAY BE CITED AS THE NEW YORK ELECTRONIC WILLS ACT.
 § 3-6.2 DEFINITIONS
   FOR PURPOSES OF THIS PART THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "ELECTRONIC"  MEANS  RELATING  TO  TECHNOLOGY  HAVING  ELECTRICAL,
 DIGITAL,  MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR CAPA-
 BILITIES.
   (B) "ELECTRONIC PRESENCE" MEANS THE RELATIONSHIP OF TWO OR MORE  INDI-
 VIDUALS  IN DIFFERENT LOCATIONS COMMUNICATING IN REAL TIME BY ELECTRONIC
 MEANS TO THE SAME EXTENT AS IF THE INDIVIDUALS WERE  PHYSICALLY  PRESENT
 IN THE SAME LOCATION.
   (C)  "ELECTRONIC WILL" MEANS A WILL EXECUTED ELECTRONICALLY IN COMPLI-
 ANCE WITH PARAGRAPH (A) OF SECTION 3-6.5.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11398-04-4
              

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