Are Online Wills Valid in New York?

June 28, 2024

In recent years, the advent of digital technology has transformed numerous aspects of our daily lives, including how we handle legal matters such as estate planning. Online wills have emerged as a popular option due to their convenience and accessibility. However, the validity of these wills varies by state. In New York, specific laws and requirements must be met for any will, whether created online or traditionally, to be considered legally binding. Read on to learn more from a Long Island will lawyer. 

Legal Requirements for Wills in New York

To understand whether online wills are valid in New York, it is crucial first to grasp the fundamental requirements for any will to be recognized under New York law. According to the New York Estates, Powers and Trusts Law, a will must meet the following criteria:

  1. Age and Mental Capacity: The testator (the person creating the will) must be at least 18 years old and of sound mind.
  2. Written Document: The will must be in writing. Oral wills, known as nuncupative wills, are generally not recognized in New York except under very specific and rare circumstances.
  3. Signature: The will must be signed by the testator or by someone else in the testator’s presence and at their direction if the testator is unable to sign themselves.
  4. Witnesses: At least two individuals who are not beneficiaries of the will must witness the signing of the will. These witnesses must sign the will within 30 days of each other.

Online Wills and New York Law

Online wills typically involve using software or an online platform to create a will, which can then be printed out and signed. The key issue in determining their validity in New York hinges on whether these online wills meet the same legal requirements as traditionally drafted wills. Here’s how online wills align with New York’s requirements:

  1. Writing and Signature: Online wills can be printed and signed, thus meeting the written document requirement. The critical point is ensuring that the will is printed out and signed correctly, as electronic signatures are not currently accepted for wills in New York.
  2. Witnesses: The requirement for witnesses remains the same. The printed will must be signed in the presence of at least two witnesses who must also sign the document. During the COVID-19 pandemic, temporary measures allowed for remote witnessing, but as of now, witnesses must be physically present.
  3. Compliance with Formalities: Many online will services guide users through the process to ensure compliance with state-specific formalities. However, users must diligently follow these steps to avoid any issues with validity.

Potential Issues with Online Wills

While online wills can be valid in New York if they meet the necessary legal criteria, several potential pitfalls can affect their enforceability:

  1. Improper Execution: Failure to follow the precise formalities required by New York law can render an online will invalid. For instance, if witnesses are not present at the time of signing, the will may not be legally binding.
  2. Lack of Legal Advice: Online will services may not provide personalized legal advice. Complex estates or specific legal nuances might not be adequately addressed, potentially leading to disputes or unintended consequences.
  3. Technical Errors: Errors or ambiguities in the will’s language can arise from using generic templates that do not account for individual circumstances. These errors can lead to misinterpretation or challenges in court. 

There can also be issues related to outdated documents, such as failing to update the will after significant events, which can lead to disputes among beneficiaries. And access problems are another concern. If the online service goes out of business, your account can be compromised. Finally, poor quality or generic online documents might not meet legal standards, especially if generated by less reputable services.

Advantages of Online Wills

Despite the potential pitfalls, online wills offer several advantages:

  1. Convenience: Online wills can be created from the comfort of one’s home, making estate planning more accessible to a broader audience.
  2. Cost-Effective: They are generally more affordable than hiring an attorney to draft a will, which can be a significant advantage for individuals with straightforward estates.
  3. Ease of Use: Many online platforms are user-friendly and provide step-by-step guidance, making the process straightforward, even for those without legal expertise.

The Future of Online Wills in New York

The legal landscape surrounding online wills is evolving. The COVID-19 pandemic prompted temporary changes in many states to accommodate remote witnessing and electronic signatures for wills. While these measures were not permanent in New York, they indicate a potential shift towards more flexible approaches in the future.

Several states have begun adopting the Uniform Electronic Wills Act, which allows for the creation, signing, and witnessing of wills electronically. If New York were to adopt similar legislation, the requirements for online wills could change, potentially making electronic wills a more viable and streamlined option.

Let Davidow, Davidow, Siegel & Stern, LLP Help

In New York, online wills can be valid, provided they comply with the state’s stringent requirements for execution, including being in writing, properly signed, and witnessed. While online wills offer convenience and cost savings, they also come with risks, particularly regarding proper execution and lack of personalized legal advice.

For those considering an online will, it is crucial to ensure all legal requirements are met and to consider seeking professional legal advice, especially for more complex estates. As the legal landscape continues to evolve, staying informed about potential changes in legislation will be key to ensuring that one’s estate planning documents remain valid and enforceable. A Long Island will lawyer will help you ensure that your wishes are understood and documented.

At Davidow, Davidow, Siegel & Stern, LLP, we have over 100 years of experience helping people with their estate planning, elder law issues,  trusts, and other legal needs. We are a highly experienced and focused team, always providing excellent customer service and offering up-to-the-moment guidance on policy, law, and regulations. Contact us today at  631-234-3030.