N.Y. EPT Law § 3-6.5 — New York Code / Act EPT / Article 3 / Part 6 / Section 3-6.5
Caution to the testator
Status: in_force

* § 3-6.5 Caution to the testator\n  An electronic will shall include a disclosure substantially similar to\nthe following in twelve-point font or larger, boldface, double-spaced\ntype:\n  CAUTION TO THE TESTATOR: YOUR WILL IS AN IMPORTANT DOCUMENT. AS\nTESTATOR, YOUR WILL SHOULD REFLECT YOUR FINAL WISHES. TO BE VALID, IT\nMUST BE SIGNED BY YOU OR ANOTHER INDIVIDUAL AUTHORIZED BY YOU AND WHO IS\nIN YOUR PHYSICAL PRESENCE AT THE TIME OF SIGNING. IT MUST ALSO BE SIGNED\nAT YOUR REQUEST BY AT LEAST TWO INDIVIDUALS, EACH OF WHOM IS A\nDOMICILIARY OF A STATE, AND EACH OF WHOM SIGNS THE WILL WITHIN A THIRTY\nDAY PERIOD AFTER WITNESSING YOU SIGN THE WILL OR ACKNOWLEDGE THAT YOU\nSIGNED IT IN EACH OF THEIR PHYSICAL OR ELECTRONIC PRESENCES.\n  WITHIN THIRTY DAYS AFTER THE ELECTRONIC WILL IS EXECUTED, IT MUST BE\nELECTRONICALLY FILED WITH THE NEW YORK STATE UNIFIED COURT SYSTEM.\n  YOU MAY REVOKE YOUR ELECTRONIC WILL AT ANY TIME. YOU MAY DO SO BY\nEXECUTING A SUBSEQUENT WILL OR SEPARATE WRITING CLEARLY INDICATING YOUR\nINTENT TO REVOKE ALL OR PART OF YOUR ELECTRONIC WILL, OR BY REQUESTING\nITS REMOVAL FROM THE NEW YORK STATE UNIFIED COURT SYSTEM. ONCE YOU HAVE\nREMOVED YOUR ELECTRONIC WILL FROM THE NEW YORK STATE UNIFIED COURT\nSYSTEM, IT IS REVOKED.\n§ 3-6.6 Execution of electronic will\n  (a) Subject to paragraph (d) of section 3-6.8, an electronic will must\nbe:\n  (1) a record that is readable as text at the time of signing under\nsubparagraph two;\n  (2) signed at the end thereof by:\n  (A) the testator; or\n  (B) another individual in the testator's name, in the testator's\nphysical presence and by the testator's direction, in a manner\nconsistent with section 3-2.1 (a)(1)(C), subject to the following:\n  (i) The presence of any matter following the testator's signature,\nappearing on the will at the time of its execution, shall not invalidate\nsuch matter preceding the signature as appeared on the will at the time\nof its execution, except that such matter preceding the signature shall\nnot be given effect, in the discretion of the surrogate, if it is so\nincomplete as not to be readily comprehensible without the aid of matter\nwhich follows the signature, or if to give effect to such matter\npreceding this signature would subvert the testator's general plan for\nthe disposition and administration of their estate.\n  (ii) No effect shall be given to any matter, other than the\nattestation clause, which follows the signature of the testator, or to\nany matter preceding such signature which was added subsequently to the\nexecution of the will;\n  (3) declared by the testator to each of the attesting witnesses in\ntheir physical or electronic presence that the instrument the testator\nhas signed is the testator's will; and\n  (4) signed at the request of the testator by at least two individuals,\neach of whom is a domiciliary of a state and within a thirty day period\nafter witnessing:\n  (A) the signing of the will under subparagraph two; or\n  (B) the testator's acknowledgment of the signing of the will under\nsubparagraph two or acknowledgment of the will.\n  (b) An electronic will must be created and stored using technology\nthat reliably evidences to a person inspecting the electronic record:\n  (1) The authenticity of the testator's signing of the electronic\nrecord;\n  (2) The identity of that electronic record with the electronic record\nattested by the witnesses;\n  (3) All additions, deletions, or other alterations of the electronic\nrecord after signing by the testator; and\n  (4) Audit trail data.\n  (c) Intent of a testator that the record under subparagraph one of\nparagraph (a) of this section be the testator's electronic will may be\nestablished by extrinsic evidence.\n  * NB Effective December 12, 2027\n