When Gov. Andrew Cuomo declared an end to the COVID-19 disaster emergency in New York state (Executive Order No. 210, effective June 25, 2021, rescinding Executive Orders No. 202 and No. 205), with much fanfare but very little notice, one group that took particular note was the estate planning bar, because the rescission of EO 202 meant an end to:
- Executive Order No. 202.7, March 7, 2020, which provided that notaries public could acknowledge signatures of and administer oaths to individuals who appeared (under particular circumstances) via “video conference;” and
- Executive Order No. 202.14, April 7, 2020, which provided that under similar circumstances, “the act of witnessing” contemplated by EPTL 3-2.1(a)(4) could be performed during a “video conference” (with requirements for the handling and transmission of such signature pages).
The declaration was greeted with joy by some and skepticism by others, but there was unity of sentiment—frustration—for estate planning practitioners with a calendar full of pending “remote” will executions. (Presumably, many clients who were looking forward to wrapping up the planning process from the comfort of their laptop were also a bit disgruntled by the delay of rescheduling and meeting in person.)
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