Legislation
SECTION 3-6.2
Definitions
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 3, PART 6
* § 3-6.2 Definitions
For purposes of this part the following terms shall have the following
meanings:
(a) "Audit trail data" means data about the activities of data,
including but not limited to the electronic will's creation and
execution.
(b) "Electronic" shall have the same meaning set forth in subdivision
one of section three hundred two of the state technology law.
(c) "Electronic presence" means the relationship of two or more
individuals in different locations communicating in real time by
electronic means to the same extent as if the individuals were
physically present in the same location.
(d) "Electronic will" means a will executed electronically in
compliance with paragraph (a) of section 3-6.6 and subsequently filed
with the New York state unified court system in accordance with section
3-6.9. The original electronic will shall contain audit trail data.
(e) "Record" means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.
(f) "Sign" means, with present intent to authenticate or adopt a
record: (1) to execute or adopt a tangible symbol; or (2) to affix to
or logically associate with the record an electronic symbol or process.
(g) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term shall also include a federally recognized Indian
tribe.
(h) "Will" has the same meaning as in section 1-2.19.
* NB Effective June 10, 2027
For purposes of this part the following terms shall have the following
meanings:
(a) "Audit trail data" means data about the activities of data,
including but not limited to the electronic will's creation and
execution.
(b) "Electronic" shall have the same meaning set forth in subdivision
one of section three hundred two of the state technology law.
(c) "Electronic presence" means the relationship of two or more
individuals in different locations communicating in real time by
electronic means to the same extent as if the individuals were
physically present in the same location.
(d) "Electronic will" means a will executed electronically in
compliance with paragraph (a) of section 3-6.6 and subsequently filed
with the New York state unified court system in accordance with section
3-6.9. The original electronic will shall contain audit trail data.
(e) "Record" means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.
(f) "Sign" means, with present intent to authenticate or adopt a
record: (1) to execute or adopt a tangible symbol; or (2) to affix to
or logically associate with the record an electronic symbol or process.
(g) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term shall also include a federally recognized Indian
tribe.
(h) "Will" has the same meaning as in section 1-2.19.
* NB Effective June 10, 2027