(1) The testator and the attesting witnesses must be in each other’s actual presence when the electronic signatures are made in or on the electronic will. The testator and witnesses must directly observe one another as the electronic will is being signed by the parties.
Terms Used In Indiana Code 29-1-21-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testator: A male person who leaves a will at death.
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(A) the prompts, if any, issued by the software being used to perform the electronic signing; or
(B) the instructions by the person, if any, responsible for supervising the execution of the electronic will.
(3) The testator must state, in the actual presence of the attesting witnesses, that the instrument to be electronically signed is the testator’s will.
(4) The testator must:
(A) electronically sign the electronic will in the actual presence of the attesting witnesses; or
(B) direct another adult individual who is not an attesting witness to sign the electronic will on the testator’s behalf in the actual presence of the testator and the attesting witnesses.
(5) The attesting witnesses must electronically sign the electronic will in the actual presence of:
(A) the testator; and
(B) one another;
after the testator has electronically signed the electronic will.
(A) testator; or
(B) other adult individual who is:
(i) not an attesting witness; and
(ii) acting on behalf of the testator;
must command the software application or user interface to finalize the electronically signed electronic will as an electronic record.
The process described in this section may include as part of the electronic record for the electronic will any identity verification evidence pertaining to the testator or any document integrity evidence for the electronic will.
(b) An electronic will may be self-proved:
(1) at the time that it is electronically signed; and
(2) before it is electronically finalized;
by incorporating into the electronic record of the electronic will a self-proving clause described under subsection (c). An electronic will is not required to contain an attestation clause or a self-proving clause in order to be a valid electronic will.
(c) A self-proving clause under subsection (b) must substantially be in the following form:
“We, the undersigned testator and the undersigned witnesses, whose names are signed to the attached or foregoing instrument, declare:
(1) That the testator executed the instrument as the testator’s will.
(2) That, in the actual and direct physical presence of both witnesses, the testator signed the will or directed another individual who is not one of the witnesses to sign for the testator in the testator’s presence and in the witnesses’ actual and direct physical presence;
(3) That the testator executed the will as a free and voluntary act for the purposes expressed in it;
(4) That each of the witnesses, in the actual and direct physical presence of the testator and each other, signed the will as a witness;
(5) That the testator was of sound mind when the will was executed; and
(6) That, to the best knowledge of each attesting witness, the testator was, at the time the will was executed, at least eighteen (18) years of age or was a member of the armed forces or of the merchant marine of the United States or its allies.
(insert date)(insert signature of testator)
(insert date)(insert signature of witness)
(insert date)(insert signature of witness)”.
A single signature from the testator and from each attesting witness may be provided for any electronic will bearing or containing a self-proving clause.
(d) An electronic will that is executed in compliance with subsection (a) shall not be rendered invalid by the existence of any of the following attributes:
(1) An attestation clause.
(2) Additional signatures.
(3) A self-proving clause that differs in form from the exemplar provided in subsection (c).
(4) Any additional language that refers to the circumstances or manner in which the electronic will was executed.
(e) This section shall be construed in a manner that gives effect to the testator’s intent to execute a valid will.
As added by P.L.40-2018, SEC.2.