New York Governor Andrew Cuomo Signs Executive Order Permitting Remote Witnessing of Certain Legal Documents During COVID-19 Pandemic | Practical Law

New York Governor Andrew Cuomo Signs Executive Order Permitting Remote Witnessing of Certain Legal Documents During COVID-19 Pandemic | Practical Law

New York Governor Andrew Cuomo signed an executive order on Tuesday April 7, 2020 that permits certain legal documents to be witnessed remotely via audio-visual conference during the COVID-19 pandemic.

New York Governor Andrew Cuomo Signs Executive Order Permitting Remote Witnessing of Certain Legal Documents During COVID-19 Pandemic

by Practical Law Trusts & Estates
Published on 08 Apr 2020 • New York
New York Governor Andrew Cuomo signed an executive order on Tuesday April 7, 2020 that permits certain legal documents to be witnessed remotely via audio-visual conference during the COVID-19 pandemic.
On Tuesday April 7, 2020, New York Governor Andrew Cuomo signed an executive order related to the COVID-19 pandemic called the Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency. The executive order allows, among other things, remote witnessing of certain legal documents by audio-visual conference. This order is similar to a previous executive order signed on March 19, 2020 which permitted remote notarization of legal documents by audio-visual conference.
Historically, New York state has only permitted in-person witnessing and notarization of legal documents.
The April 7, 2020 order applies to legal documents that require witnessing, including:
  • Wills.
  • Trusts.
  • Health care proxies.
  • Statutory gift riders.
  • Documents appointing an agent to control disposition of remains.
  • Documents relating to real property that require witnesses.
The two executive orders together are necessary to allow individuals to be able to execute certain legal documents, including estate planning documents, that require witnesses and notaries, while practicing the social distancing necessary to help mitigate the spread of COVID-19.
To have a document electronically witnessed using audio-video technology, certain steps must be taken, including:
  • The person requesting that their signature be witnessed, 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 conference.
  • The video-conference must allow for direct interaction between the person, the witnesses, and the supervising attorney, which means the video-conference must be live. No pre-recorded videos of the person signing are permitted.
  • The person requesting that their signature be witnessed must fax or transmit by other electronic means a legible copy of the signature pages directly to the witnesses on the same date the pages are signed by the person.
  • The witnesses may sign the transmitted copy of the signature pages and send the witnessed signature pages back to the person.
  • The witnesses may repeat the witnessing of the original signature pages as of the date of execution if the witnesses receive the original signature pages together with the electronically witnessed copies within thirty days after the date of execution.
For additional information regarding the execution requirements for estate planning documents in New York, see Execution Instructions for Estate Planning Documents Checklist (NY).
For additional information regarding remote notarization of legal documents during the COVID-19 pandemic, see New York Governor Andrew Cuomo Signs Executive Order Permitting Remote Notarization of Legal Documents During COVID-19 Pandemic.