Signed, Sealed and E-Delivered: Wills in the Digital Age

September 24, 2025

By: Lindsay M. McKenna

The New York State Legislature has passed the Electronic Wills Act (EWA), which will allow residents to execute wills electronically, aiming to improve accessibility for underserved populations. While the EWA introduces formalities and audit trail requirements to reduce fraud, it lacks clarity on key issues such as defining an “original” electronic will, filing deadlines and safeguards against undue influence. This article cautions that despite the convenience of digital execution, the absence of attorney oversight and ambiguous legal standards may increase litigation risks and compromise the integrity of a testator’s final wishes.

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This article was originally published on September 18, 2025, by the New York Law Journal.