It is well established law in New York, even going back to our colonial days, that to be valid in our state, a will, with minor exceptions, must be in writing. Indeed, before it is admitted to probate, a will traditionally has been described as a “paper writing.” Attorneys who practice in this area have been confident in their knowledge surrounding this aspect of wills.
It appears this is about to change. A bill has been introduced in the New York Assembly (A. 7702), which adds a new Part 6 authorizing “electronic wills” to Article 3 of the Estates, Powers and Trusts Law.
