On April 7, 2020, Governor Cuomo issued Executive Order No. 202.14, which allows for audio-video witnessing of Wills, Trusts, Powers of Attorney, Health Care Proxies and Appointments of Agent for Disposition of Remains.
Typically under New York law, most important estate planning documents must be witnessed in person by at least two individuals and notarized. Executive Order 202.14 will greatly assist New Yorkers in properly executing their estate planning documents in the midst of the coronavirus pandemic.
In order to comply with the Executive Order, the following steps must be taken:
- The person requesting his or her signature be witnessed, if not personally known to the witnesses, must present valid photo ID to the witnesses during the video conference;
- The video conference must allow for direct interaction between the person and the witnesses, and supervising attorney, if applicable;
- The witnesses must receive a legible copy of the signed page(s), which may be transmitted by fax or electronic means, on the same date the pages are signed by the person;
- The witnesses may sign the transmitted copy of the signature page(s) and transmit back to the person; and
- The witnesses may repeat the witnessing of the original signature page(s) as of the date of execution, provided the witnesses receive the original signature pages together with the electronically witnessed copies within 30 days of the date of execution.
This Executive Order 202.14, in combination with Executive Order 202.7, which provides for the audio-video notarization of documents, will allow clients to fully execute their estate planning documents using audio-video technology.
These are temporary modifications of the law that are effective immediately and shall remain in place through May 7, 2020 (which may be extended by future Executive Order).
This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.
