EPTL § 3-6.7

Revocation · as in force on May 31, 2026

* § 3-6.7 Revocation

(a) An electronic will may revoke all or part of a previous will.

(b) An electronic will is revoked by:

(1) a subsequent will that revokes all or part of the electronic will;

(2) removal of the electronic will from the custody of the New York state unified court system by:

(i) the testator;

(ii) another person duly authorized by the testator as proved by at least two witnesses, neither of whom shall be the person removing the electronic will; or

(iii) as otherwise authorized by the uniform rules of the surrogate's court; or

(3) a writing of the testator clearly indicating an intention to effect such a revocation or alteration, executed with the formalities prescribed by this article for the execution and attestation of a will.

(c) An electronic will may be removed from the custody of the New York state court system by order of a court of competent jurisdiction which, if occurring during the lifetime of the testator, shall not be deemed a revocation of the electronic will.

* NB Effective December 12, 2027

Official sourcehttps://www.nysenate.gov/legislation/laws/EPT/3-6.7

In plain English

(a)–(b) An electronic will may revoke an earlier will and is itself revoked by a later revoking will, authorized removal from Unified Court System custody, or a will-formality writing clearly expressing revocation. Authorized removal by another person requires proof by at least 2 witnesses, neither being the remover. ★
(c) Court-ordered removal during the testator’s life does not itself revoke the will. Effective December 12, 2027.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.