NY EPTL 3-6.6: Execution of Electronic Will

EPTL 3-6.6 (effective December 12, 2027) states:

§ 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.

EPTL 3-6.6 becomes effective on December 12, 2027. See L. 2026, ch. 89 (S.8887 / A.9497).