New York A 7856: Relates to enacting provisions for the execution of electronic wills

Bill Text

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A07856 Summary:

BILL NOA07856A

&nbsp

SAME ASSAME AS S07416-A

&nbsp

SPONSORLavine

&nbsp

COSPNSRJackson, Sayegh, Shimsky, McMahon

&nbsp

MLTSPNSR

&nbsp

Add Art 3 Part 6 §§3-6.1 - 3-6.9, amd §§1-2.19 & 3-2.1, EPT L; amd §307, St Tech L

&nbsp

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

Go to top A07856 Actions:

BILL NOA07856A

&nbsp

04/11/2025referred to judiciary

05/15/2025amend and recommit to judiciary

05/15/2025print number 7856a

06/04/2025reported referred to rules

06/06/2025reported 

06/06/2025rules report cal.456

06/06/2025ordered to third reading rules cal.456

06/06/2025substituted by s7416a

&nbspS07416 AMEND=A HOYLMAN-SIGAL

&nbsp04/15/2025REFERRED TO JUDICIARY

&nbsp04/29/20251ST REPORT CAL.776

&nbsp04/30/20252ND REPORT CAL.

&nbsp05/01/2025ADVANCED TO THIRD READING 

&nbsp05/13/2025AMENDED ON THIRD READING 7416A

&nbsp06/05/2025PASSED SENATE

&nbsp06/05/2025DELIVERED TO ASSEMBLY

&nbsp06/05/2025referred to judiciary

&nbsp06/06/2025substituted for a7856a

&nbsp06/06/2025ordered to third reading rules cal.456

&nbsp06/17/2025passed assembly

&nbsp06/17/2025returned to senate

&nbsp12/08/2025DELIVERED TO GOVERNOR

&nbsp12/12/2025SIGNED CHAP.637

&nbsp12/12/2025APPROVAL MEMO.24

Go to topA07856 Committee&nbspVotes:

Committee:JUDICIARY Chair:Lavine 
DATE:06/04/2025AYE/NAY:13/6 Action: Favorable refer to committee Rules LavineAyeTannousisNay

WeprinAyeWalshNay

BraunsteinAyeBrownNay

SteckAyeMikulinNay

SeawrightAyeSmithExcused

WalkerAyeMolitorNay

McMahonAye

MitaynesAye

RajkumarExcused

SimonAye

SayeghAye

LunsfordAye

BergerNay

ShimskyAye

CarrollAye

Committee:RULES Chair:Pretlow 
DATE:06/06/2025AYE/NAY:26/1 Action: Favorable HeastieExcusedBarclayAye

PretlowAyeHawleyAye

CookAyeBlankenbushAye

GlickExcusedRaAye

DinowitzAyeBrabenecAye

ColtonAyePalmesanoAye

MagnarelliExcusedReillyAye

PaulinAyeSmithExcused

Peoples-StokesAyeJensenNay

BenedettoAye

LavineAye

LupardoAye

BraunsteinAye

DavilaAye

HyndmanAye

RozicAye

BronsonAye

HevesiAye

HunterAye

TaylorAye

CruzAye

VanelAye

Go to topA07856 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07856 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7856--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 11, 2025
 ___________

 Introduced by M. of A. LAVINE, JACKSON, SAYEGH, SHIMSKY, McMAHON -- read
 once and referred to the Committee on Judiciary -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the estates, powers and trusts law and the state tech-
 nology law, in relation to electronic wills

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 3 of the estates, powers and trusts law is amended
 2 by adding a new part 6 to read as follows:
 3 PART 6. ELECTRONIC WILLS
 4 Section 3-6.1 Short title
 5 3-6.2 Definitions
 6 3-6.3 Law applicable to electronic will; principles of equity
 7 3-6.4 Choice of law regarding execution
 8 3-6.5 Caution to testator
 9 3-6.6 Execution of electronic will
 10 3-6.7 Revocation
 11 3-6.8 Electronic will attested and made self-proving at time of
 12 execution
 13 3-6.9 Filing of an electronic will
 14 § 3-6.1 Short title
 15 This part may be cited as the New York electronic wills act.
 16 § 3-6.2 Definitions
 17 For purposes of this part the following terms shall have the following
 18 meanings:
 19 (a) "Audit trail data" means data about the activities of data,
 20 including but not limited to the electronic will's creation and
 21 execution.
 22 (b) "Electronic" shall have the same meaning set forth in subdivision
 23 one of section three hundred two of the state technology law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11569-03-5

 A. 7856--A 2

 1 (c) "Electronic presence" means the relationship of two or more indi-
 2 viduals in different locations communicating in real time by electronic
 3 means to the same extent as if the individuals were physically present
 4 in the same location.
 5 (d) "Electronic will" mea