New York Passes Electronic Wills Law

New York has officially joined a growing number of states permitting electronic wills—but that does not mean it was a wise move.

On December 12, the New York Electronic Wills Act, were signed into law, which will go into effect on June 10, 2027. This Act authorizes the creation and execution of electronic wills (“e-wills”) under New York law. While the statute is intended to modernize estate planning and expand access, many experienced trusts and estates attorneys believe the law creates more problems than it solves.

This article explains what the New York electronic wills law does, when it takes effect, and why adopting electronic wills at this time is a bad idea, drawing on critiques raised by members of the New York State Bar Association and other estate planning professionals.

What Is the New York Electronic Wills Act (S7416-A)?

The New York Electronic Wills Act, enacted through Senate Bill S7416-A / Assembly Bill A7856-A, amends the Estates, Powers and Trusts Law (EPTL) to permit wills to be:

Created entirely in electronic form
Electronically signed by the testator
Witnessed either in physical or electronic presence
Electronically filed with the New York State Unified Court System

Once effective, New York residents will no longer be required to sign a paper original for a will to be valid—provided the statutory electronic formalities are met.

When Do Electronic Wills Become Legal in New York?

Although the bill has been enacted, the statute provides for a delayed effective date (545 days after enactment – June 10, 2027). This delay reflects the Legislature’s acknowledgment that significant administrative and technological infrastructure is required before electronic wills can be fully implemented.

Why New York’s Electronic Wills Law Is Premature

Despite its stated goals, the New York electronic wills statute raises serious legal, technological, and practical concerns. Many of these issues were highlighted in professional discussions within the New York State Bar Association, including commentary opposing the bill.

1. Electronic Wills Increase the Risk of Fraud and Undue Influence

Traditional will execution formalities exist for one core reason: protecting the testator. In-person execution allows attorneys and witnesses to assess:

Mental capacity
Coercion or undue influence
Identity verification
Voluntariness of the signing

With remote electronic execution, these protections are weakened. New York requires “electronic presence”, but does not define what that means. In contrast, the Florida Electronic Wills Act requires two-way audio-video communication that is recorded and stored with the electronic Will. Even such two-way audio-video communications cannot reliably replace in-person observation, especially when wills are often signed by elderly, ill, or vulnerable individuals. Once the testator has died, fraudulent conduct may be nearly impossible to detect or remedy.

2. Lack of Clear Standards for Electronic Signatures

The statute allows electronic signatures but fails to clearly define what constitutes a valid or reliable electronic signature in the context of wills.

Unlike commercial contracts, wills are typically litigated after death, when the signer cannot testify. Courts may struggle to determine:

Whether an electronic signature was authentic
Whether it was applied by the testator or another person
Whether the will was altered after execution

This uncertainty invites probate litigation, undermining the efficiency the law claims to promote.

3. No Clear Definition of the “Original” Electronic Will

Under long-standing New York probate law, determining the original will is critical. With electronic wills, there may be:

Multiple identical digital copies
Cloud-stored versions
Downloaded PDFs
Revised files with similar timestamps

The statute does not adequately resolve how courts should identify the “original” electronic will, creating confusion and potential contests among beneficiaries.

4. Mandatory Electronic Filing Creates New Failure Points

The law requires electronic wills to be filed with the court system. While this is generally a good thing, certainly better than Florida’s use of a private “Qualified Custodian”, the electronic Will must be filed within a strict timeframe. Failure to comply may render a will invalid—regardless of the testator’s intent.

This introduces new risks, including:

Technical errors
System outages
User mistakes
Filing delays outside the testator’s control

Ironically, a law intended to expand access to estate planning may invalidate more wills, not fewer. There are also questions related to replacing or revoking electronic Wills that are not adequately addressed in the new statute.

5. Technology Changes Faster Than the Law

Estate planning documents are meant to last decades. Technology rarely does.

The statute does not adequately address:

Long-term digital storage
Cybersecurity threats
Obsolete file formats
Vendor platform failures
Court system data breaches

Without robust, uniform, and future-proof standards, electronic wills may become unreadable or unverifiable years later—precisely when they are needed most.

Why Traditional Wills Still Offer Better Protection

Paper wills executed under long-standing New York law have proven reliable for generations. They:

Create clear originals
Are difficult to alter undetected
Allow attorneys to assess capacity and influence
Reduce probate disputes
Provide certainty for families

Modernizing the law should not come at the expense of testator protection and estate stability.

Conclusion: Just Because New York Can Allow Electronic Wills Doesn’t Mean It Should—Yet

The New York Electronic Wills Act represents a significant shift in estate planning law. While technological innovation has its place, wills are fundamentally different from commercial transactions. The risks of fraud, litigation, and unintended consequences are too great to ignore.

While electronic Wills are likely to become more common in the future, until clearer standards, stronger safeguards, and proven systems are in place, electronic wills may do more harm than good. For now, New Yorkers should proceed with caution—and many attorneys will continue to recommend traditional, paper-based wills as the safest option.