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
              

 S. 8501                             2
 
   (D) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE  MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   (E)  "SIGN"  MEANS,  WITH  PRESENT  INTENT  TO AUTHENTICATE OR ADOPT A
 RECORD:  (1) TO EXECUTE OR ADOPT A TANGIBLE SYMBOL; OR (2) TO  AFFIX  TO
 OR LOGICALLY ASSOCIATE WITH THE RECORD AN ELECTRONIC SYMBOL OR PROCESS.
   (F) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
 BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
 INSULAR POSSESSION SUBJECT TO THE JURISDICTION  OF  THE  UNITED  STATES.
 THE TERM SHALL ALSO INCLUDE A FEDERALLY RECOGNIZED INDIAN TRIBE.
   (G)  "WILL"  INCLUDES  A  CODICIL AND ANY TESTAMENTARY INSTRUMENT THAT
 MERELY APPOINTS AN EXECUTOR, REVOKES OR REVISES ANOTHER WILL,  NOMINATES
 A  GUARDIAN,  OR EXPRESSLY EXCLUDES OR LIMITS THE RIGHT OF AN INDIVIDUAL
 OR CLASS TO SUCCEED TO PROPERTY OF THE  DECEDENT  PASSING  BY  INTESTATE
 SUCCESSION.
 § 3-6.3 LAW APPLICABLE TO ELECTRONIC WILL; PRINCIPLES OF EQUITY
   AN  ELECTRONIC  WILL  IS  A  WILL  FOR ALL PURPOSES OF THE LAW OF THIS
 STATE. THE LAW OF THIS STATE APPLICABLE TO WILLS AND PRINCIPLES OF EQUI-
 TY APPLY TO AN ELECTRONIC WILL, EXCEPT AS MODIFIED BY THIS ACT.
 § 3-6.4 CHOICE OF LAW REGARDING EXECUTION
   A WILL EXECUTED ELECTRONICALLY BUT NOT IN  COMPLIANCE  WITH  PARAGRAPH
 (A) OF SECTION 3-6.5 IS AN ELECTRONIC WILL UNDER THIS ACT IF EXECUTED IN
 COMPLIANCE WITH THE LAW OF THE JURISDICTION WHERE THE TESTATOR IS:
   (A) PHYSICALLY LOCATED WHEN THE WILL IS SIGNED; OR
   (B)  DOMICILED OR RESIDES WHEN THE WILL IS SIGNED OR WHEN THE TESTATOR
 DIES.
 § 3-6.5 EXECUTION OF ELECTRONIC WILL
   (A) SUBJECT TO PARAGRAPH (D) OF SECTION 3-6.8 AND EXCEPT  AS  PROVIDED
 IN SECTION 3-6.6, AN ELECTRONIC WILL MUST BE:
   (1)  A  RECORD  THAT  IS READABLE AS TEXT AT THE TIME OF SIGNING UNDER
 SUBPARAGRAPH TWO;
   (2) SIGNED BY:
   (A) THE TESTATOR; OR
   (B) ANOTHER INDIVIDUAL IN THE TESTATOR'S NAME, IN THE TESTATOR'S PHYS-
 ICAL PRESENCE AND BY THE TESTATOR'S DIRECTION; AND
   (3) EITHER:
   (A) SIGNED IN THE PHYSICAL OR ELECTRONIC PRESENCE OF THE  TESTATOR  BY
 AT  LEAST  TWO  INDIVIDUALS,  EACH  OF WHOM IS A RESIDENT OF A STATE AND
 WITHIN A REASONABLE TIME AFTER WITNESSING:
   (I) THE SIGNING OF THE WILL UNDER SUBPARAGRAPH TWO; OR
   (II) THE TESTATOR'S ACKNOWLEDGMENT OF THE SIGNING OF  THE  WILL  UNDER
 SUBPARAGRAPH TWO OR ACKNOWLEDGEMENT OF THE WILL; OR
   (B)  ACKNOWLEDGED  BY THE TESTATOR BEFORE AND IN THE PHYSICAL OR ELEC-
 TRONIC PRESENCE OF A NOTARY PUBLIC OR OTHER INDIVIDUAL AUTHORIZED BY LAW
 TO NOTARIZE RECORDS ELECTRONICALLY.
   (B) INTENT OF A TESTATOR THAT THE RECORD  UNDER  SUBPARAGRAPH  ONE  OF
 PARAGRAPH  (A)  BE  THE TESTATOR'S ELECTRONIC WILL MAY BE ESTABLISHED BY
 EXTRINSIC EVIDENCE.
   (C) NOTWITHSTANDING PARAGRAPH (D) OF SUBDIVISION ONE  OF  SECTION  ONE
 HUNDRED THIRTY-FIVE-C OF THE EXECUTIVE LAW, FOR PURPOSES OF THIS SECTION
 ELECTRONIC  WILLS  MAY BE NOTARIZED BY NOTARY PUBLICS THAT ARE NOT PHYS-
 ICALLY PRESENT IN THE STATE OF NEW YORK.
 § 3-6.6 HARMLESS ERROR
   ALTHOUGH A DOCUMENT OR WRITING ADDED UPON A DOCUMENT WAS NOT  EXECUTED
 IN  COMPLIANCE  WITH  SECTION  3-2.1,  THE  DOCUMENT OR WRITING SHALL BE
 TREATED AS IF IT HAD BEEN EXECUTED IN COMPLIANCE WITH  THAT  SECTION  IF
 S. 8501                             3

 THE  PROPONENT  OF  THE  DOCUMENT  OR  WRITING  ESTABLISHES BY CLEAR AND
 CONVINCING EVIDENCE THAT THE DECEDENT INTENDED THE DOCUMENT  OR  WRITING
 TO CONSTITUTE ANY OF THE FOLLOWING:
   (A) THE DECEDENT'S WILL.
   (B) A PARTIAL OR COMPLETE REVOCATION OF THE DECEDENT'S WILL.
   (C) AN ADDITION TO OR AN ALTERATION OF THE DECEDENT'S WILL.
   (D)  A  PARTIAL OR COMPLETE REVIVAL OF THE DECEDENT'S FORMERLY REVOKED
 WILL OR OF A FORMERLY REVOKED PORTION OF THE DECEDENT'S WILL.
 § 3-6.7 REVOCATION
   (A) AN ELECTRONIC WILL MAY REVOKE ALL OR PART OF A PREVIOUS WILL.
   (B) ALL OR PART OF AN ELECTRONIC WILL IS REVOKED BY:
   (1) A SUBSEQUENT WILL THAT REVOKES ALL OR PART OF THE ELECTRONIC  WILL
 EXPRESSLY OR BY INCONSISTENCY; OR
   (2)  A  PHYSICAL  ACT,  IF IT IS ESTABLISHED BY A PREPONDERANCE OF THE
 EVIDENCE THAT THE TESTATOR, WITH THE INTENT OF REVOKING ALL OR  PART  OF
 THE WILL, PERFORMED THE ACT OR DIRECTED ANOTHER INDIVIDUAL WHO PERFORMED
 THE ACT IN THE TESTATOR'S PHYSICAL PRESENCE.
 § 3-6.8 ELECTRONIC  WILL  ATTESTED  AND  MADE  SELF-PROVING  AT  TIME OF
           EXECUTION
   (A) AN ELECTRONIC WILL MAY BE SIMULTANEOUSLY EXECUTED,  ATTESTED,  AND
 MADE  SELF-PROVING  BY  ACKNOWLEDGMENT OF THE TESTATOR AND AFFIDAVITS OF
 THE WITNESSES.
   (B) THE ACKNOWLEDGMENT AND AFFIDAVITS UNDER PARAGRAPH (A) MUST BE:
   (1) MADE BEFORE AND IN THE PHYSICAL OR ELECTRONIC PRESENCE OF AN OFFI-
 CER AUTHORIZED TO ADMINISTER OATHS UNDER LAW OF THE STATE IN  WHICH  THE
 OFFICER IS LOCATED; AND
   (2) EVIDENCED BY THE OFFICER'S CERTIFICATE UNDER OFFICIAL SEAL AFFIXED
 TO OR LOGICALLY ASSOCIATED WITH THE ELECTRONIC WILL.
   (C)  THE  ACKNOWLEDGMENT AND AFFIDAVITS UNDER PARAGRAPH (A) MUST BE IN
 SUBSTANTIALLY THE FOLLOWING FORM:   I, ___________________________,  THE
 TESTATOR,  BEING  SWORN,  DECLARE TO THE UNDERSIGNED OFFICER THAT I SIGN
 THIS INSTRUMENT AS MY ELECTRONIC WILL, I WILLINGLY SIGN IT OR  WILLINGLY
 DIRECT  ANOTHER  INDIVIDUAL TO SIGN IT FOR ME, I EXECUTE IT AS MY VOLUN-
 TARY ACT FOR THE PURPOSES EXPRESSED IN THIS  INSTRUMENT,  AND  I  AM  18
 YEARS  OF  AGE OR OLDER, OF SOUND MIND, AND UNDER NO CONSTRAINT OR UNDUE
 INFLUENCE.
 
 ___________________________
           TESTATOR
 
 WE,   ___________________________    AND    ___________________________,
 WITNESSES,  BEING  SWORN,  DECLARE  TO  THE UNDERSIGNED OFFICER THAT THE
 TESTATOR SIGNED THIS INSTRUMENT AS THE TESTATOR'S ELECTRONIC WILL,  THAT
 THE  TESTATOR WILLINGLY SIGNED IT OR WILLINGLY DIRECTED ANOTHER INDIVID-
 UAL TO SIGN FOR THE TESTATOR, AND THAT EACH OF US, IN  THE  PHYSICAL  OR
 ELECTRONIC PRESENCE OF THE TESTATOR, SIGNS THIS INSTRUMENT AS WITNESS TO
 THE TESTATOR'S SIGNING, AND TO THE BEST OF OUR KNOWLEDGE THE TESTATOR IS
 18  YEARS  OF  AGE  OR  OLDER, OF SOUND MIND, AND UNDER NO CONSTRAINT OR
 UNDUE INFLUENCE.
 
 ___________________________
           WITNESS
 
 ___________________________
 
           WITNESS
 S. 8501                             4
 
           CERTIFICATE OF OFFICER:
           STATE OF __________
           COUNTY OF __________
 
 SUBSCRIBED,    SWORN    TO,    AND    ACKNOWLEDGED    BEFORE    ME    BY
 ___________________________, THE TESTATOR, AND SUBSCRIBED AND  SWORN  TO
 BEFORE        ME        BY        ___________________________        AND
 ___________________________, WITNESSES, THIS ______ DAY OF ______, ___.
 
 (SEAL)
 
 ________________________________________________
                                 (SIGNED)

                 _________________________________________
                           (CAPACITY OF OFFICER)
 
   (D) A SIGNATURE PHYSICALLY OR ELECTRONICALLY AFFIXED TO  AN  AFFIDAVIT
 THAT IS AFFIXED TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC WILL UNDER
 THIS  ACT  IS  DEEMED A SIGNATURE OF THE ELECTRONIC WILL UNDER PARAGRAPH
 (A) OF SECTION 3-6.5.
 § 3-6.9 CERTIFICATION OF PAPER COPY
   AN INDIVIDUAL MAY CREATE A CERTIFIED PAPER COPY OF AN ELECTRONIC  WILL
 BY AFFIRMING UNDER PENALTY OF PERJURY THAT A PAPER COPY OF THE ELECTRON-
 IC  WILL  IS A COMPLETE, TRUE, AND ACCURATE COPY OF THE ELECTRONIC WILL.
 IF THE ELECTRONIC WILL IS MADE SELF-PROVING, THE CERTIFIED PAPER COPY OF
 THE WILL MUST INCLUDE THE SELF-PROVING AFFIDAVITS.
   § 2. The opening paragraph of paragraph (a) of section  3-2.1  of  the
 estates, powers and trusts law is amended to read as follows:
   Except  for  nuncupative and holographic wills authorized by 3-2.2 AND
 ELECTRONIC WILLS AUTHORIZED BY PART SIX OF THIS ARTICLE, every will must
 be in writing, and executed and attested in the following manner:
   § 3. Subdivision 1 of section 307 of  the  state  technology  law,  as
 amended  by  chapter  543  of  the  laws  of 2023, is amended to read as
 follows:
   1. To any document providing for the disposition  of  an  individual's
 person or property upon death or incompetence, or appointing a fiduciary
 of  an  individual's  person or property, including, without limitation,
 wills,  UNLESS SUCH WILL IS EXECUTED PURSUANT  TO  PART  SIX  OF   ARTI-
 CLE  THREE    OF  THE  ESTATES, POWERS AND TRUSTS LAW, trusts, decisions
 consenting to orders not to resuscitate, powers of attorney  and  health
 care  proxies, with the exception of: (a) contractual beneficiary desig-
 nations; (b) the  registration  of  making,  amending,  or  revoking  an
 anatomical  gift  under  section  forty-three  hundred ten of the public
 health law; (c) documents and forms authorizing  or  accepting  funeral,
 cemetery  and cremation services; and (d) the execution of a valid power
 of attorney for the purpose of transferring  a  salvage  certificate  of
 title  and  the execution of an odometer and damage disclosure statement
 in connection with such title whenever  a  loss  in  connection  with  a
 private  automobile  is  determined  by an insurer to be a total loss or
 constructive total loss under section three thousand four hundred twelve
 of the insurance law.
   § 4. This act shall take effect immediately.