New York Assembly Bill A07856

New York 2025-2026 Regular Session

• Introduced: 4/11/25
• Refer: 4/11/25
• Report Pass: 6/4/25
• Refer: 6/4/25
• Report Pass: 6/6/25

Caption

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

Impact

The enactment of A07856 is set to significantly modernize estate planning practices in New York. It aims to align state law with technological advancements, thereby facilitating greater accessibility for individuals seeking to create wills in a digital format. The bill also stresses the importance of maintaining audit trail data to ensure the integrity of electronic wills, indicating that such documents shall hold the same legal standing as traditional written wills. Notably, the requirement for witnesses adds a layer of security while allowing for a more flexible and adaptive approach to estate documentation.

Summary

Bill A07856 proposes amendments to the Estates, Powers, and Trusts Law of New York State, aiming to incorporate provisions for the execution, attestation, and filing of electronic wills. This bill recognizes the growing trend toward digital documentation and seeks to enable individuals to execute legally binding wills electronically, providing a more convenient option for estate planning. Under the proposed legislation, electronic wills must meet specific requirements, including being signed by the testator, attested by at least two witnesses, and filed with the New York State Unified Court System within thirty days of execution.

Contention

Despite the expected ease brought about by A07856, there are points of contention surrounding its implementation. Critics may argue about the potential challenges regarding the safeguarding of electronic records and the authenticity of digital signatures. Concerns have been raised about how this bill would be executed in rural areas with limited digital access or technological expertise. Additionally, the legal implications surrounding the revocation of electronic wills require careful consideration to avoid disputes over estate management.