Utah Code 75-2-1408. Electronic will attested and made self-proving at time of execution

75-2-1408. Electronic will attested and made self-proving at time of execution.

(1)	An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.

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Terms Used In Utah Code 75-2-1408

Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-2-1402
Electronic will: means a will executed electronically in compliance with Subsection 75-2-1405(1). See Utah Code 75-2-1402
Sign: means , with present intent to authenticate or adopt a record:

(a)	to execute or adopt a tangible symbol; or

(b)

to affix to or logically associate with the record an electronic symbol or process. See Utah Code 75-2-1402

State: includes a federally recognized Indian tribe. See Utah Code 75-2-1402

Testator: A male person who leaves a will at death.

(2)

The acknowledgment and affidavits under Subsection (1) shall be:

(a)	made before an officer authorized to administer oaths under law of the state in which execution occurs, regardless of whether that officer is also a witness to the electronic will; and

(b)	evidenced by the officer’s certificate under official seal affixed to or logically associated with the electronic will.

(3)

The acknowledgment and affidavits under Subsection (1) shall be in substantially the following form:
I, ____________, the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign this instrument or willingly direct another individual to sign this instrument for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years old or older, of sound mind, and under no constraint or undue influence.

____________

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