Subject to Subsection 75-2-1408(4) and except as provided in Section 75-2-1406, an electronic will shall be:
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Terms Used In Utah Code 75-2-1405
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-2-1402
Electronic presence: means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location. See Utah Code 75-2-1402
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.
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 75-2-1402
Testator: A male person who leaves a will at death.
(a)
a record that is readable as text at the time of signing under Subsection (1)(b);
(b)
signed:
(i)
by the testator; or
(ii)
in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction; and
(c)
signed in the physical or electronic presence of the testator by at least two individuals within a reasonable time after witnessing:
(i)
the signing of the will under Subsection (1)(b); or
(ii)
the testator’s acknowledgment of the signing of the will under Subsection (1)(b) or the testator’s acknowledgment of the will.
(2)
Intent of a testator that the record under Subsection (1)(a) be the testator’s electronic will may be established by extrinsic evidence.
