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In furtherance of Governor Cuomo’s Executive Order 202.7 allowing for remote notarizations under certain conditions, Executive Order 202.14 was issued on April 7, 2020 (valid through May 7, 2020) allowing the act of witnessing to be performed utilizing audio-video technology for various Estate Planning documents. The following documents can now be “virtually” witnessed, notarized and deemed to comply with their respective governing statutes:

• Last Will and Testament;
• Affidavit of Attesting Witness;
• Health Care Proxy;
• Appointment of Agent to Control Disposition of Remains;
• Instruments for Real Property Transactions;
• Inter Vivos Trusts; and
• Statutory Gift Rider to Power of Attorney.

Collectively, the provisions of these Executive Orders authorize the execution and notarization of estate planning documents during the current coronavirus pandemic. For those clients wishing to finalize or undertake estate planning during this time, these emergency procedures greatly facilitate accomplishing those goals.

For more information on the topic discussed, contact:

• Yolanda Kanes  |  kanes@thsh.com  |  212-508-6721
• Benjamin J. Frenkel  |  frenkel@thsh.com  |  212-508-6783