Assembly adopts electronic‑will rules; bill adds audit‑trail requirements and delegates implementation to courts

The Assembly approved a chapter amendment to the Estates, Powers and Trusts Law (EPTL) that expands and clarifies rules for electronic wills and remote witnessing.

Sponsor Mister Levine described definitions for "communications technology," new audit‑trail requirements for electronic wills (including timestamps, access logs and modification history) and an expanded framework to ensure an electronic record can be verified as the same instrument attested by witnesses. "The system must capture and reveal any changes made after the testator signed, including additions, deletions, or other edits," the sponsor said, summarizing fraud‑protection provisions.

Members questioned operational details and where responsibilities would fall. Miss Walsh asked whether the chapter applies only to wills (not health care proxies, powers of attorney or living wills); the sponsor confirmed it applies to wills only. Members pressed about the meaning of "contemporaneous" affidavits and how the chief administrator of the courts would implement storage and verification systems; the sponsor said those implementation details will be worked out in regulations promulgated by the courts and that the amendment extended the effective date (in the text discussed during debate) to allow time for rulemaking.

Supporters said electronic options could expand access to wills and reduce probate issues, while others warned that older or less‑tech‑savvy users might face hurdles. The Assembly recorded 108 ayes and 36 nays and passed the measure.

Next steps: the bill passed on the Assembly floor and will be subject to the courts' rulemaking process for system standards and storage.