Relates to enacting provisions for the execution of electronic wills

• Democratic6

◆ The sponsor's argument

Why the sponsor says this is needed

Currently, New York State law allows one to create estate planning docu- ments, including wills, electronically. However, if a New Yorker were to execute a will electronically, the execution would not have the same presumption of validity that would accompany the electronic execution of almost any other document. Allowing for the electronic execution of wills would make these important documents more accessible to a wider range of New Yorkers. This legislation would accomplish this goal. There are currently numerous services that will allow consumers to prepare legal documents electronically. The pandemic made clear the need for individuals to be able to create or update critically important estate planning documents electronically and remotely, rather than only in person. Additionally, the cost of lawyers' fees is a disincentive for many consumers as they consider making a will. Allowing for the elec- tronic drafting and execution of wills addresses both these issues. Article 3 of the State Technology Law authorizes electronic signatures for documents but exempts wills from documents for which these electron- ic signatures are authorized. Section 135-c of the Executive Law author- izes electronic notarization of documents but requires that the notary performing the electronic notarization be in New York State. This legis- lation would simply broaden existing statutes to allow for the electron- ic signature, attestation, and notarization of wills. More and more states are taking up the issue of online signing, witness- ing, and notarization of wills and other estate planning documents. States began enacting electronic will legislation in 2017, beginning with Nevada. Since then, 13 states and the District of Columbia have enacted laws permitting electronic wills. In 2020, the Uniform Law Commission adopted the Uniform Electronic Wills Act (UEWA) to recognize the growing national momentum behind the concept, modernize estate plan- ning, and increase the accessibility of wills. This legislation not only modernizes estate planning, but democratizes it, too. Currently, fewer than half of Americans have wills and other estate planning documents in place, and the percentage is even lower for black, Hispanic, and other historically underserved communities. Enabl- ing online will execution for individuals who are used to paying bills, attending school and communicating online just makes sense.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.