EXECUTIVE ORDER SIGNED BY GOVENOR CUOMO ALLOWS VIRTUAL WITNESSING OF WILLS IN NEW YORK

As a result of the COVID-19 (corona virus) pandemic, people have been rushing to have their wills drafted or updated. However, many people are concerned about how to safely execute wills and other documents that require witnesses’ signatures. By Executive Order 202.14, dated March 7, 2020,

https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/EO_202.14_final.pdf

Governor Cuomo authorized Wills, Trusts, Health Care Proxies, and Statutory Gifts Riders for Powers of Attorney to be witnessed remotely by virtual means.  The Executive Order is only  in effect until May 7, 2020. 

The law governing wills executed in New York requires two individuals to witness the will.  https://www.nysenate.gov/legislation/laws/EPT/A3P2.

The Executive Order allows the act of witnessing a will to be performed remotely by virtual means. However, the following requirements must be met:

• The testator, if not personally known to the witnesses, must present valid photo ID to the witnesses during the video conference, not merely transmit it prior to or after;
• The video conference must allow for direct interaction between the testator and the witnesses, and the supervising attorney, if applicable (e.g., no pre-recorded videos of the testator signing);
• The witnesses must receive a legible copy of the signature pages, which may be transmitted via fax or electronic means, on the same date that the testator signs the Will;
• The witnesses may sign the transmitted copy of the Will's signature pages and transmit the same back to the testator; and
• The witnesses may repeat the witnessing of the original signature pages as of the date of execution provided the witnesses receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.

If you are interested in having a will drafted or in updating a will, call the Law Offices of Dana Stricker, PLLC, at (914) 588-0651 as the Executive Order is only  in effect until May 7, 2020.