Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1667Introduced by Assembly Member SantiagoFebruary 22, 2019An act to amend Section 6111 of the Probate Code, relating to wills. An act to add Chapter 2.5 (commencing with Section 6115) to Part 1 of Division 6 of the Probate Code, relating to wills.LEGISLATIVE COUNSEL'S DIGESTAB 1667, as amended, Santiago. Holographic wills. Electronic wills.Existing law generally requires a will to be in writing and satisfy specified requirements of the Probate Code, including being signed by a testator, another person at the testators direction, or by a conservator pursuant to court order. A will that fails to meet those requirements may be valid as a holographic will, as specified. Existing law also allows for the execution of a California statutory will.This bill would authorize the execution of an electronic will as an additional type of will that is an electronic writing stored in an electronic medium and signed electronically, if it meets specified requirements, including, among others, the requirement to be witnessed. The bill would authorize conditions under which an electronic will may be proved. The bill would state the intent of the Legislature that a will executed as an electronic will be given the same status as a will executed as a paper will.Existing law generally requires a will to be in writing and satisfy specified requirements, including being signed by 2 witnesses. A will that fails to meet those requirements may be valid as a holographic will if the signature and the material provisions are in the handwriting of the testator.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 2.5 (commencing with Section 6115) is added to Part 1 of Division 6 of the Probate Code, to read: CHAPTER 2.5. Electronic Wills6115. (a) This chapter shall be known, and may be cited as, the Electronic Wills Act.(b) (1) It is the intent of the Legislature in enacting this chapter that a will executed as an electronic will be given the same status as a will executed as a paper will.(2) A court shall apply the provisions of this part generally relating to wills to an electronic will, unless the context requires otherwise.6115.5. (a) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.(b) Electronic presence refers to individuals in different locations who are able to communicate in real time by sight and sound, with appropriate supportive services and technological assistance if necessary.(c) Electronic will means a will executed electronically in compliance with this chapter.(d) Electronically logically associated means electronically connected, electronically cross-referenced, or electronically linked in a reliable manner.(e) 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.(f) Sign means, with present intent to authenticate or adopt a record, to do any of the following:(1) Execute or adopt a tangible symbol.(2) Affix to, or logically associate with, the record an electronic symbol or process.(g) Textual record means a record readable as text, without transcription, other than an audio or video file, even if the audio or video file is transcribable or otherwise convertible to text.(h) Will includes a codicil and a testamentary record that appoints a personal representative, revokes or revises another will, nominates a conservator, or expressly excludes or limits the right of an individual or class to succeed to property of a testator passing by intestate succession.(i) Writing includes an electronic writing stored in an electronic or other medium and retrievable in perceivable form.6115.10. (a) (1) An electronic will is a writing in a textual record, with the intent that the textual record be the testators electronic will, by either the testator or another individual in the testators name, in the testators conscious presence, and at the testators direction.(2) A will is an electronic will if it is signed electronically.(b) An electronic will shall be signed electronically by two or more individuals, each of whom signed within a reasonable time after the individual, in physical or electronic presence of the testator and at the testators specific direction, who understand that the instrument that they sign is the testators will, and who witnessed either of the following:(1) The signing of the electronic will under subdivision (a).(2) The testators acknowledgment of the signature or of the electronic will.6115.15. If an electronic will was not witnessed or acknowledged in compliance with this chapter, the electronic will shall be treated as if it was witnessed or acknowledged in compliance with this chapter if the proponent of the will establishes by clear and convincing evidence that, at the time the will was signed, the testator intended the will to constitute the testators will.6115.20. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved as provided in Section 8220.6115.25. (a) For purposes of this section, authorized individual shall mean any of the following:(1) An individual licensed to practice law in a state.(2) A clerk of the court.(3) An officer authorized to administer oaths.(b) If the number of attesting witnesses necessary for a valid will is not physically present in the same location as the testator, an electronic will may be proved by either of the following:(1) Acknowledgment of the electronic will by the testator and by the affidavits of the witnesses that were each acknowledged by a notary public.(2) Certification of the electronic will by an authorized individual if the certification is in a writing that conforms to subdivision (e) and includes all of the following:(A) That the individual is an authorized individual.(B) That the testator declared to the authorized individual that the textual record is the testators electronic will and that the testator understands its contents.(C) That the testator, in the physical or electronic presence of each individual who signed the textual record as a witness, did all of the following:(i) Signed the electronic will willingly, or specifically and willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence.(ii) Acknowledged the signing under clause (i) or acknowledged the electronic will.(D) That the authorized individual is satisfied as to the identity of the testator and the witnesses.(E) That to the best of the authorized individuals knowledge, the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and was not acting under duress, menace, fraud, misrepresentation, or undue influence.(c) An heir of the testator or a beneficiary under the testators electronic will may not act as an authorized individual under this section.(d) An authorized person who makes a certification under this section submits to the jurisdiction of the court in the county in which the testator executes the electronic will.(e) The certification made under paragraph (2) of subdivision (b) shall be in substantially the following form:I, (Name), an authorized individual, certify that on _____ (Date) _____ , at (City), _____ (State) _____ , the testator declared the attached textual record to be the electronic will of the testator and declared that the testator understands the contents of the electronic will. I further certify that the testator, in the electronic or physical presence of each individual who signed the electronic will as a witness, (i) willingly signed the electronic will, (ii) willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence, or (iii) acknowledged the signing or acknowledged the electronic will. I further certify that I am satisfied as to the identity of the testator and the witnesses and that to the best of my knowledge the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and not acting under duress, menace, fraud, or undue influence.(Signed)6115.30. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved at any time after its execution as provided in Sections 8220 and 8221.6115.35. A signature physically or electronically affixed to an affidavit attached to an electronic will under this chapter is deemed a signature affixed to the electronic will if necessary to prove the wills execution.6115.40. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform Electronic Wills Act.6115.45. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).6115.50. This chapter applies to a decedent dying on or after January 1, 2020.SECTION 1.Section 6111 of the Probate Code is amended to read:6111.(a)A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.(b)If a holographic will does not contain a statement as to the date of its execution and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.(c)If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.(d)Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.
Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1667Introduced by Assembly Member SantiagoFebruary 22, 2019An act to amend Section 6111 of the Probate Code, relating to wills. An act to add Chapter 2.5 (commencing with Section 6115) to Part 1 of Division 6 of the Probate Code, relating to wills.LEGISLATIVE COUNSEL'S DIGESTAB 1667, as amended, Santiago. Holographic wills. Electronic wills.Existing law generally requires a will to be in writing and satisfy specified requirements of the Probate Code, including being signed by a testator, another person at the testators direction, or by a conservator pursuant to court order. A will that fails to meet those requirements may be valid as a holographic will, as specified. Existing law also allows for the execution of a California statutory will.This bill would authorize the execution of an electronic will as an additional type of will that is an electronic writing stored in an electronic medium and signed electronically, if it meets specified requirements, including, among others, the requirement to be witnessed. The bill would authorize conditions under which an electronic will may be proved. The bill would state the intent of the Legislature that a will executed as an electronic will be given the same status as a will executed as a paper will.Existing law generally requires a will to be in writing and satisfy specified requirements, including being signed by 2 witnesses. A will that fails to meet those requirements may be valid as a holographic will if the signature and the material provisions are in the handwriting of the testator.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 18, 2019
Amended IN Assembly March 18, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1667
Introduced by Assembly Member SantiagoFebruary 22, 2019
Introduced by Assembly Member Santiago
February 22, 2019
An act to amend Section 6111 of the Probate Code, relating to wills. An act to add Chapter 2.5 (commencing with Section 6115) to Part 1 of Division 6 of the Probate Code, relating to wills.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1667, as amended, Santiago. Holographic wills. Electronic wills.
Existing law generally requires a will to be in writing and satisfy specified requirements of the Probate Code, including being signed by a testator, another person at the testators direction, or by a conservator pursuant to court order. A will that fails to meet those requirements may be valid as a holographic will, as specified. Existing law also allows for the execution of a California statutory will.This bill would authorize the execution of an electronic will as an additional type of will that is an electronic writing stored in an electronic medium and signed electronically, if it meets specified requirements, including, among others, the requirement to be witnessed. The bill would authorize conditions under which an electronic will may be proved. The bill would state the intent of the Legislature that a will executed as an electronic will be given the same status as a will executed as a paper will.Existing law generally requires a will to be in writing and satisfy specified requirements, including being signed by 2 witnesses. A will that fails to meet those requirements may be valid as a holographic will if the signature and the material provisions are in the handwriting of the testator.This bill would make technical, nonsubstantive changes to those provisions.
Existing law generally requires a will to be in writing and satisfy specified requirements of the Probate Code, including being signed by a testator, another person at the testators direction, or by a conservator pursuant to court order. A will that fails to meet those requirements may be valid as a holographic will, as specified. Existing law also allows for the execution of a California statutory will.
This bill would authorize the execution of an electronic will as an additional type of will that is an electronic writing stored in an electronic medium and signed electronically, if it meets specified requirements, including, among others, the requirement to be witnessed. The bill would authorize conditions under which an electronic will may be proved. The bill would state the intent of the Legislature that a will executed as an electronic will be given the same status as a will executed as a paper will.
Existing law generally requires a will to be in writing and satisfy specified requirements, including being signed by 2 witnesses. A will that fails to meet those requirements may be valid as a holographic will if the signature and the material provisions are in the handwriting of the testator.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 2.5 (commencing with Section 6115) is added to Part 1 of Division 6 of the Probate Code, to read: CHAPTER 2.5. Electronic Wills6115. (a) This chapter shall be known, and may be cited as, the Electronic Wills Act.(b) (1) It is the intent of the Legislature in enacting this chapter that a will executed as an electronic will be given the same status as a will executed as a paper will.(2) A court shall apply the provisions of this part generally relating to wills to an electronic will, unless the context requires otherwise.6115.5. (a) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.(b) Electronic presence refers to individuals in different locations who are able to communicate in real time by sight and sound, with appropriate supportive services and technological assistance if necessary.(c) Electronic will means a will executed electronically in compliance with this chapter.(d) Electronically logically associated means electronically connected, electronically cross-referenced, or electronically linked in a reliable manner.(e) 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.(f) Sign means, with present intent to authenticate or adopt a record, to do any of the following:(1) Execute or adopt a tangible symbol.(2) Affix to, or logically associate with, the record an electronic symbol or process.(g) Textual record means a record readable as text, without transcription, other than an audio or video file, even if the audio or video file is transcribable or otherwise convertible to text.(h) Will includes a codicil and a testamentary record that appoints a personal representative, revokes or revises another will, nominates a conservator, or expressly excludes or limits the right of an individual or class to succeed to property of a testator passing by intestate succession.(i) Writing includes an electronic writing stored in an electronic or other medium and retrievable in perceivable form.6115.10. (a) (1) An electronic will is a writing in a textual record, with the intent that the textual record be the testators electronic will, by either the testator or another individual in the testators name, in the testators conscious presence, and at the testators direction.(2) A will is an electronic will if it is signed electronically.(b) An electronic will shall be signed electronically by two or more individuals, each of whom signed within a reasonable time after the individual, in physical or electronic presence of the testator and at the testators specific direction, who understand that the instrument that they sign is the testators will, and who witnessed either of the following:(1) The signing of the electronic will under subdivision (a).(2) The testators acknowledgment of the signature or of the electronic will.6115.15. If an electronic will was not witnessed or acknowledged in compliance with this chapter, the electronic will shall be treated as if it was witnessed or acknowledged in compliance with this chapter if the proponent of the will establishes by clear and convincing evidence that, at the time the will was signed, the testator intended the will to constitute the testators will.6115.20. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved as provided in Section 8220.6115.25. (a) For purposes of this section, authorized individual shall mean any of the following:(1) An individual licensed to practice law in a state.(2) A clerk of the court.(3) An officer authorized to administer oaths.(b) If the number of attesting witnesses necessary for a valid will is not physically present in the same location as the testator, an electronic will may be proved by either of the following:(1) Acknowledgment of the electronic will by the testator and by the affidavits of the witnesses that were each acknowledged by a notary public.(2) Certification of the electronic will by an authorized individual if the certification is in a writing that conforms to subdivision (e) and includes all of the following:(A) That the individual is an authorized individual.(B) That the testator declared to the authorized individual that the textual record is the testators electronic will and that the testator understands its contents.(C) That the testator, in the physical or electronic presence of each individual who signed the textual record as a witness, did all of the following:(i) Signed the electronic will willingly, or specifically and willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence.(ii) Acknowledged the signing under clause (i) or acknowledged the electronic will.(D) That the authorized individual is satisfied as to the identity of the testator and the witnesses.(E) That to the best of the authorized individuals knowledge, the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and was not acting under duress, menace, fraud, misrepresentation, or undue influence.(c) An heir of the testator or a beneficiary under the testators electronic will may not act as an authorized individual under this section.(d) An authorized person who makes a certification under this section submits to the jurisdiction of the court in the county in which the testator executes the electronic will.(e) The certification made under paragraph (2) of subdivision (b) shall be in substantially the following form:I, (Name), an authorized individual, certify that on _____ (Date) _____ , at (City), _____ (State) _____ , the testator declared the attached textual record to be the electronic will of the testator and declared that the testator understands the contents of the electronic will. I further certify that the testator, in the electronic or physical presence of each individual who signed the electronic will as a witness, (i) willingly signed the electronic will, (ii) willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence, or (iii) acknowledged the signing or acknowledged the electronic will. I further certify that I am satisfied as to the identity of the testator and the witnesses and that to the best of my knowledge the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and not acting under duress, menace, fraud, or undue influence.(Signed)6115.30. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved at any time after its execution as provided in Sections 8220 and 8221.6115.35. A signature physically or electronically affixed to an affidavit attached to an electronic will under this chapter is deemed a signature affixed to the electronic will if necessary to prove the wills execution.6115.40. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform Electronic Wills Act.6115.45. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).6115.50. This chapter applies to a decedent dying on or after January 1, 2020.SECTION 1.Section 6111 of the Probate Code is amended to read:6111.(a)A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.(b)If a holographic will does not contain a statement as to the date of its execution and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.(c)If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.(d)Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 2.5 (commencing with Section 6115) is added to Part 1 of Division 6 of the Probate Code, to read: CHAPTER 2.5. Electronic Wills6115. (a) This chapter shall be known, and may be cited as, the Electronic Wills Act.(b) (1) It is the intent of the Legislature in enacting this chapter that a will executed as an electronic will be given the same status as a will executed as a paper will.(2) A court shall apply the provisions of this part generally relating to wills to an electronic will, unless the context requires otherwise.6115.5. (a) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.(b) Electronic presence refers to individuals in different locations who are able to communicate in real time by sight and sound, with appropriate supportive services and technological assistance if necessary.(c) Electronic will means a will executed electronically in compliance with this chapter.(d) Electronically logically associated means electronically connected, electronically cross-referenced, or electronically linked in a reliable manner.(e) 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.(f) Sign means, with present intent to authenticate or adopt a record, to do any of the following:(1) Execute or adopt a tangible symbol.(2) Affix to, or logically associate with, the record an electronic symbol or process.(g) Textual record means a record readable as text, without transcription, other than an audio or video file, even if the audio or video file is transcribable or otherwise convertible to text.(h) Will includes a codicil and a testamentary record that appoints a personal representative, revokes or revises another will, nominates a conservator, or expressly excludes or limits the right of an individual or class to succeed to property of a testator passing by intestate succession.(i) Writing includes an electronic writing stored in an electronic or other medium and retrievable in perceivable form.6115.10. (a) (1) An electronic will is a writing in a textual record, with the intent that the textual record be the testators electronic will, by either the testator or another individual in the testators name, in the testators conscious presence, and at the testators direction.(2) A will is an electronic will if it is signed electronically.(b) An electronic will shall be signed electronically by two or more individuals, each of whom signed within a reasonable time after the individual, in physical or electronic presence of the testator and at the testators specific direction, who understand that the instrument that they sign is the testators will, and who witnessed either of the following:(1) The signing of the electronic will under subdivision (a).(2) The testators acknowledgment of the signature or of the electronic will.6115.15. If an electronic will was not witnessed or acknowledged in compliance with this chapter, the electronic will shall be treated as if it was witnessed or acknowledged in compliance with this chapter if the proponent of the will establishes by clear and convincing evidence that, at the time the will was signed, the testator intended the will to constitute the testators will.6115.20. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved as provided in Section 8220.6115.25. (a) For purposes of this section, authorized individual shall mean any of the following:(1) An individual licensed to practice law in a state.(2) A clerk of the court.(3) An officer authorized to administer oaths.(b) If the number of attesting witnesses necessary for a valid will is not physically present in the same location as the testator, an electronic will may be proved by either of the following:(1) Acknowledgment of the electronic will by the testator and by the affidavits of the witnesses that were each acknowledged by a notary public.(2) Certification of the electronic will by an authorized individual if the certification is in a writing that conforms to subdivision (e) and includes all of the following:(A) That the individual is an authorized individual.(B) That the testator declared to the authorized individual that the textual record is the testators electronic will and that the testator understands its contents.(C) That the testator, in the physical or electronic presence of each individual who signed the textual record as a witness, did all of the following:(i) Signed the electronic will willingly, or specifically and willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence.(ii) Acknowledged the signing under clause (i) or acknowledged the electronic will.(D) That the authorized individual is satisfied as to the identity of the testator and the witnesses.(E) That to the best of the authorized individuals knowledge, the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and was not acting under duress, menace, fraud, misrepresentation, or undue influence.(c) An heir of the testator or a beneficiary under the testators electronic will may not act as an authorized individual under this section.(d) An authorized person who makes a certification under this section submits to the jurisdiction of the court in the county in which the testator executes the electronic will.(e) The certification made under paragraph (2) of subdivision (b) shall be in substantially the following form:I, (Name), an authorized individual, certify that on _____ (Date) _____ , at (City), _____ (State) _____ , the testator declared the attached textual record to be the electronic will of the testator and declared that the testator understands the contents of the electronic will. I further certify that the testator, in the electronic or physical presence of each individual who signed the electronic will as a witness, (i) willingly signed the electronic will, (ii) willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence, or (iii) acknowledged the signing or acknowledged the electronic will. I further certify that I am satisfied as to the identity of the testator and the witnesses and that to the best of my knowledge the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and not acting under duress, menace, fraud, or undue influence.(Signed)6115.30. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved at any time after its execution as provided in Sections 8220 and 8221.6115.35. A signature physically or electronically affixed to an affidavit attached to an electronic will under this chapter is deemed a signature affixed to the electronic will if necessary to prove the wills execution.6115.40. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform Electronic Wills Act.6115.45. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).6115.50. This chapter applies to a decedent dying on or after January 1, 2020.
SECTION 1. Chapter 2.5 (commencing with Section 6115) is added to Part 1 of Division 6 of the Probate Code, to read:
### SECTION 1.
CHAPTER 2.5. Electronic Wills6115. (a) This chapter shall be known, and may be cited as, the Electronic Wills Act.(b) (1) It is the intent of the Legislature in enacting this chapter that a will executed as an electronic will be given the same status as a will executed as a paper will.(2) A court shall apply the provisions of this part generally relating to wills to an electronic will, unless the context requires otherwise.6115.5. (a) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.(b) Electronic presence refers to individuals in different locations who are able to communicate in real time by sight and sound, with appropriate supportive services and technological assistance if necessary.(c) Electronic will means a will executed electronically in compliance with this chapter.(d) Electronically logically associated means electronically connected, electronically cross-referenced, or electronically linked in a reliable manner.(e) 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.(f) Sign means, with present intent to authenticate or adopt a record, to do any of the following:(1) Execute or adopt a tangible symbol.(2) Affix to, or logically associate with, the record an electronic symbol or process.(g) Textual record means a record readable as text, without transcription, other than an audio or video file, even if the audio or video file is transcribable or otherwise convertible to text.(h) Will includes a codicil and a testamentary record that appoints a personal representative, revokes or revises another will, nominates a conservator, or expressly excludes or limits the right of an individual or class to succeed to property of a testator passing by intestate succession.(i) Writing includes an electronic writing stored in an electronic or other medium and retrievable in perceivable form.6115.10. (a) (1) An electronic will is a writing in a textual record, with the intent that the textual record be the testators electronic will, by either the testator or another individual in the testators name, in the testators conscious presence, and at the testators direction.(2) A will is an electronic will if it is signed electronically.(b) An electronic will shall be signed electronically by two or more individuals, each of whom signed within a reasonable time after the individual, in physical or electronic presence of the testator and at the testators specific direction, who understand that the instrument that they sign is the testators will, and who witnessed either of the following:(1) The signing of the electronic will under subdivision (a).(2) The testators acknowledgment of the signature or of the electronic will.6115.15. If an electronic will was not witnessed or acknowledged in compliance with this chapter, the electronic will shall be treated as if it was witnessed or acknowledged in compliance with this chapter if the proponent of the will establishes by clear and convincing evidence that, at the time the will was signed, the testator intended the will to constitute the testators will.6115.20. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved as provided in Section 8220.6115.25. (a) For purposes of this section, authorized individual shall mean any of the following:(1) An individual licensed to practice law in a state.(2) A clerk of the court.(3) An officer authorized to administer oaths.(b) If the number of attesting witnesses necessary for a valid will is not physically present in the same location as the testator, an electronic will may be proved by either of the following:(1) Acknowledgment of the electronic will by the testator and by the affidavits of the witnesses that were each acknowledged by a notary public.(2) Certification of the electronic will by an authorized individual if the certification is in a writing that conforms to subdivision (e) and includes all of the following:(A) That the individual is an authorized individual.(B) That the testator declared to the authorized individual that the textual record is the testators electronic will and that the testator understands its contents.(C) That the testator, in the physical or electronic presence of each individual who signed the textual record as a witness, did all of the following:(i) Signed the electronic will willingly, or specifically and willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence.(ii) Acknowledged the signing under clause (i) or acknowledged the electronic will.(D) That the authorized individual is satisfied as to the identity of the testator and the witnesses.(E) That to the best of the authorized individuals knowledge, the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and was not acting under duress, menace, fraud, misrepresentation, or undue influence.(c) An heir of the testator or a beneficiary under the testators electronic will may not act as an authorized individual under this section.(d) An authorized person who makes a certification under this section submits to the jurisdiction of the court in the county in which the testator executes the electronic will.(e) The certification made under paragraph (2) of subdivision (b) shall be in substantially the following form:I, (Name), an authorized individual, certify that on _____ (Date) _____ , at (City), _____ (State) _____ , the testator declared the attached textual record to be the electronic will of the testator and declared that the testator understands the contents of the electronic will. I further certify that the testator, in the electronic or physical presence of each individual who signed the electronic will as a witness, (i) willingly signed the electronic will, (ii) willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence, or (iii) acknowledged the signing or acknowledged the electronic will. I further certify that I am satisfied as to the identity of the testator and the witnesses and that to the best of my knowledge the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and not acting under duress, menace, fraud, or undue influence.(Signed)6115.30. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved at any time after its execution as provided in Sections 8220 and 8221.6115.35. A signature physically or electronically affixed to an affidavit attached to an electronic will under this chapter is deemed a signature affixed to the electronic will if necessary to prove the wills execution.6115.40. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform Electronic Wills Act.6115.45. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).6115.50. This chapter applies to a decedent dying on or after January 1, 2020.
CHAPTER 2.5. Electronic Wills6115. (a) This chapter shall be known, and may be cited as, the Electronic Wills Act.(b) (1) It is the intent of the Legislature in enacting this chapter that a will executed as an electronic will be given the same status as a will executed as a paper will.(2) A court shall apply the provisions of this part generally relating to wills to an electronic will, unless the context requires otherwise.6115.5. (a) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.(b) Electronic presence refers to individuals in different locations who are able to communicate in real time by sight and sound, with appropriate supportive services and technological assistance if necessary.(c) Electronic will means a will executed electronically in compliance with this chapter.(d) Electronically logically associated means electronically connected, electronically cross-referenced, or electronically linked in a reliable manner.(e) 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.(f) Sign means, with present intent to authenticate or adopt a record, to do any of the following:(1) Execute or adopt a tangible symbol.(2) Affix to, or logically associate with, the record an electronic symbol or process.(g) Textual record means a record readable as text, without transcription, other than an audio or video file, even if the audio or video file is transcribable or otherwise convertible to text.(h) Will includes a codicil and a testamentary record that appoints a personal representative, revokes or revises another will, nominates a conservator, or expressly excludes or limits the right of an individual or class to succeed to property of a testator passing by intestate succession.(i) Writing includes an electronic writing stored in an electronic or other medium and retrievable in perceivable form.6115.10. (a) (1) An electronic will is a writing in a textual record, with the intent that the textual record be the testators electronic will, by either the testator or another individual in the testators name, in the testators conscious presence, and at the testators direction.(2) A will is an electronic will if it is signed electronically.(b) An electronic will shall be signed electronically by two or more individuals, each of whom signed within a reasonable time after the individual, in physical or electronic presence of the testator and at the testators specific direction, who understand that the instrument that they sign is the testators will, and who witnessed either of the following:(1) The signing of the electronic will under subdivision (a).(2) The testators acknowledgment of the signature or of the electronic will.6115.15. If an electronic will was not witnessed or acknowledged in compliance with this chapter, the electronic will shall be treated as if it was witnessed or acknowledged in compliance with this chapter if the proponent of the will establishes by clear and convincing evidence that, at the time the will was signed, the testator intended the will to constitute the testators will.6115.20. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved as provided in Section 8220.6115.25. (a) For purposes of this section, authorized individual shall mean any of the following:(1) An individual licensed to practice law in a state.(2) A clerk of the court.(3) An officer authorized to administer oaths.(b) If the number of attesting witnesses necessary for a valid will is not physically present in the same location as the testator, an electronic will may be proved by either of the following:(1) Acknowledgment of the electronic will by the testator and by the affidavits of the witnesses that were each acknowledged by a notary public.(2) Certification of the electronic will by an authorized individual if the certification is in a writing that conforms to subdivision (e) and includes all of the following:(A) That the individual is an authorized individual.(B) That the testator declared to the authorized individual that the textual record is the testators electronic will and that the testator understands its contents.(C) That the testator, in the physical or electronic presence of each individual who signed the textual record as a witness, did all of the following:(i) Signed the electronic will willingly, or specifically and willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence.(ii) Acknowledged the signing under clause (i) or acknowledged the electronic will.(D) That the authorized individual is satisfied as to the identity of the testator and the witnesses.(E) That to the best of the authorized individuals knowledge, the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and was not acting under duress, menace, fraud, misrepresentation, or undue influence.(c) An heir of the testator or a beneficiary under the testators electronic will may not act as an authorized individual under this section.(d) An authorized person who makes a certification under this section submits to the jurisdiction of the court in the county in which the testator executes the electronic will.(e) The certification made under paragraph (2) of subdivision (b) shall be in substantially the following form:I, (Name), an authorized individual, certify that on _____ (Date) _____ , at (City), _____ (State) _____ , the testator declared the attached textual record to be the electronic will of the testator and declared that the testator understands the contents of the electronic will. I further certify that the testator, in the electronic or physical presence of each individual who signed the electronic will as a witness, (i) willingly signed the electronic will, (ii) willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence, or (iii) acknowledged the signing or acknowledged the electronic will. I further certify that I am satisfied as to the identity of the testator and the witnesses and that to the best of my knowledge the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and not acting under duress, menace, fraud, or undue influence.(Signed)6115.30. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved at any time after its execution as provided in Sections 8220 and 8221.6115.35. A signature physically or electronically affixed to an affidavit attached to an electronic will under this chapter is deemed a signature affixed to the electronic will if necessary to prove the wills execution.6115.40. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform Electronic Wills Act.6115.45. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).6115.50. This chapter applies to a decedent dying on or after January 1, 2020.
CHAPTER 2.5. Electronic Wills
CHAPTER 2.5. Electronic Wills
6115. (a) This chapter shall be known, and may be cited as, the Electronic Wills Act.(b) (1) It is the intent of the Legislature in enacting this chapter that a will executed as an electronic will be given the same status as a will executed as a paper will.(2) A court shall apply the provisions of this part generally relating to wills to an electronic will, unless the context requires otherwise.
6115. (a) This chapter shall be known, and may be cited as, the Electronic Wills Act.
(b) (1) It is the intent of the Legislature in enacting this chapter that a will executed as an electronic will be given the same status as a will executed as a paper will.
(2) A court shall apply the provisions of this part generally relating to wills to an electronic will, unless the context requires otherwise.
6115.5. (a) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.(b) Electronic presence refers to individuals in different locations who are able to communicate in real time by sight and sound, with appropriate supportive services and technological assistance if necessary.(c) Electronic will means a will executed electronically in compliance with this chapter.(d) Electronically logically associated means electronically connected, electronically cross-referenced, or electronically linked in a reliable manner.(e) 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.(f) Sign means, with present intent to authenticate or adopt a record, to do any of the following:(1) Execute or adopt a tangible symbol.(2) Affix to, or logically associate with, the record an electronic symbol or process.(g) Textual record means a record readable as text, without transcription, other than an audio or video file, even if the audio or video file is transcribable or otherwise convertible to text.(h) Will includes a codicil and a testamentary record that appoints a personal representative, revokes or revises another will, nominates a conservator, or expressly excludes or limits the right of an individual or class to succeed to property of a testator passing by intestate succession.(i) Writing includes an electronic writing stored in an electronic or other medium and retrievable in perceivable form.
6115.5. (a) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(b) Electronic presence refers to individuals in different locations who are able to communicate in real time by sight and sound, with appropriate supportive services and technological assistance if necessary.
(c) Electronic will means a will executed electronically in compliance with this chapter.
(d) Electronically logically associated means electronically connected, electronically cross-referenced, or electronically linked in a reliable manner.
(e) 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.
(f) Sign means, with present intent to authenticate or adopt a record, to do any of the following:
(1) Execute or adopt a tangible symbol.
(2) Affix to, or logically associate with, the record an electronic symbol or process.
(g) Textual record means a record readable as text, without transcription, other than an audio or video file, even if the audio or video file is transcribable or otherwise convertible to text.
(h) Will includes a codicil and a testamentary record that appoints a personal representative, revokes or revises another will, nominates a conservator, or expressly excludes or limits the right of an individual or class to succeed to property of a testator passing by intestate succession.
(i) Writing includes an electronic writing stored in an electronic or other medium and retrievable in perceivable form.
6115.10. (a) (1) An electronic will is a writing in a textual record, with the intent that the textual record be the testators electronic will, by either the testator or another individual in the testators name, in the testators conscious presence, and at the testators direction.(2) A will is an electronic will if it is signed electronically.(b) An electronic will shall be signed electronically by two or more individuals, each of whom signed within a reasonable time after the individual, in physical or electronic presence of the testator and at the testators specific direction, who understand that the instrument that they sign is the testators will, and who witnessed either of the following:(1) The signing of the electronic will under subdivision (a).(2) The testators acknowledgment of the signature or of the electronic will.
6115.10. (a) (1) An electronic will is a writing in a textual record, with the intent that the textual record be the testators electronic will, by either the testator or another individual in the testators name, in the testators conscious presence, and at the testators direction.
(2) A will is an electronic will if it is signed electronically.
(b) An electronic will shall be signed electronically by two or more individuals, each of whom signed within a reasonable time after the individual, in physical or electronic presence of the testator and at the testators specific direction, who understand that the instrument that they sign is the testators will, and who witnessed either of the following:
(1) The signing of the electronic will under subdivision (a).
(2) The testators acknowledgment of the signature or of the electronic will.
6115.15. If an electronic will was not witnessed or acknowledged in compliance with this chapter, the electronic will shall be treated as if it was witnessed or acknowledged in compliance with this chapter if the proponent of the will establishes by clear and convincing evidence that, at the time the will was signed, the testator intended the will to constitute the testators will.
6115.15. If an electronic will was not witnessed or acknowledged in compliance with this chapter, the electronic will shall be treated as if it was witnessed or acknowledged in compliance with this chapter if the proponent of the will establishes by clear and convincing evidence that, at the time the will was signed, the testator intended the will to constitute the testators will.
6115.20. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved as provided in Section 8220.
6115.20. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved as provided in Section 8220.
6115.25. (a) For purposes of this section, authorized individual shall mean any of the following:(1) An individual licensed to practice law in a state.(2) A clerk of the court.(3) An officer authorized to administer oaths.(b) If the number of attesting witnesses necessary for a valid will is not physically present in the same location as the testator, an electronic will may be proved by either of the following:(1) Acknowledgment of the electronic will by the testator and by the affidavits of the witnesses that were each acknowledged by a notary public.(2) Certification of the electronic will by an authorized individual if the certification is in a writing that conforms to subdivision (e) and includes all of the following:(A) That the individual is an authorized individual.(B) That the testator declared to the authorized individual that the textual record is the testators electronic will and that the testator understands its contents.(C) That the testator, in the physical or electronic presence of each individual who signed the textual record as a witness, did all of the following:(i) Signed the electronic will willingly, or specifically and willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence.(ii) Acknowledged the signing under clause (i) or acknowledged the electronic will.(D) That the authorized individual is satisfied as to the identity of the testator and the witnesses.(E) That to the best of the authorized individuals knowledge, the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and was not acting under duress, menace, fraud, misrepresentation, or undue influence.(c) An heir of the testator or a beneficiary under the testators electronic will may not act as an authorized individual under this section.(d) An authorized person who makes a certification under this section submits to the jurisdiction of the court in the county in which the testator executes the electronic will.(e) The certification made under paragraph (2) of subdivision (b) shall be in substantially the following form:I, (Name), an authorized individual, certify that on _____ (Date) _____ , at (City), _____ (State) _____ , the testator declared the attached textual record to be the electronic will of the testator and declared that the testator understands the contents of the electronic will. I further certify that the testator, in the electronic or physical presence of each individual who signed the electronic will as a witness, (i) willingly signed the electronic will, (ii) willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence, or (iii) acknowledged the signing or acknowledged the electronic will. I further certify that I am satisfied as to the identity of the testator and the witnesses and that to the best of my knowledge the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and not acting under duress, menace, fraud, or undue influence.(Signed)
6115.25. (a) For purposes of this section, authorized individual shall mean any of the following:
(1) An individual licensed to practice law in a state.
(2) A clerk of the court.
(3) An officer authorized to administer oaths.
(b) If the number of attesting witnesses necessary for a valid will is not physically present in the same location as the testator, an electronic will may be proved by either of the following:
(1) Acknowledgment of the electronic will by the testator and by the affidavits of the witnesses that were each acknowledged by a notary public.
(2) Certification of the electronic will by an authorized individual if the certification is in a writing that conforms to subdivision (e) and includes all of the following:
(A) That the individual is an authorized individual.
(B) That the testator declared to the authorized individual that the textual record is the testators electronic will and that the testator understands its contents.
(C) That the testator, in the physical or electronic presence of each individual who signed the textual record as a witness, did all of the following:
(i) Signed the electronic will willingly, or specifically and willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence.
(ii) Acknowledged the signing under clause (i) or acknowledged the electronic will.
(D) That the authorized individual is satisfied as to the identity of the testator and the witnesses.
(E) That to the best of the authorized individuals knowledge, the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and was not acting under duress, menace, fraud, misrepresentation, or undue influence.
(c) An heir of the testator or a beneficiary under the testators electronic will may not act as an authorized individual under this section.
(d) An authorized person who makes a certification under this section submits to the jurisdiction of the court in the county in which the testator executes the electronic will.
(e) The certification made under paragraph (2) of subdivision (b) shall be in substantially the following form:
I, (Name), an authorized individual, certify that on _____ (Date) _____ , at (City), _____ (State) _____ , the testator declared the attached textual record to be the electronic will of the testator and declared that the testator understands the contents of the electronic will. I further certify that the testator, in the electronic or physical presence of each individual who signed the electronic will as a witness, (i) willingly signed the electronic will, (ii) willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence, or (iii) acknowledged the signing or acknowledged the electronic will. I further certify that I am satisfied as to the identity of the testator and the witnesses and that to the best of my knowledge the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and not acting under duress, menace, fraud, or undue influence.
(Signed)
I, (Name), an authorized individual, certify that on _____ (Date) _____ , at (City), _____ (State) _____ , the testator declared the attached textual record to be the electronic will of the testator and declared that the testator understands the contents of the electronic will. I further certify that the testator, in the electronic or physical presence of each individual who signed the electronic will as a witness, (i) willingly signed the electronic will, (ii) willingly directed another individual to sign the electronic will in the testators name and the other individual did so in the testators conscious presence, or (iii) acknowledged the signing or acknowledged the electronic will. I further certify that I am satisfied as to the identity of the testator and the witnesses and that to the best of my knowledge the testator was, at the time of the signing of the electronic will, 18 years of age or older, of sound mind, and not acting under duress, menace, fraud, or undue influence.
(Signed)
6115.30. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved at any time after its execution as provided in Sections 8220 and 8221.
6115.30. An electronic will with all attesting witnesses physically present in the same location as the testator may be proved at any time after its execution as provided in Sections 8220 and 8221.
6115.35. A signature physically or electronically affixed to an affidavit attached to an electronic will under this chapter is deemed a signature affixed to the electronic will if necessary to prove the wills execution.
6115.35. A signature physically or electronically affixed to an affidavit attached to an electronic will under this chapter is deemed a signature affixed to the electronic will if necessary to prove the wills execution.
6115.40. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform Electronic Wills Act.
6115.40. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform Electronic Wills Act.
6115.45. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).
6115.45. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Sec. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Sec. 7003(b)).
6115.50. This chapter applies to a decedent dying on or after January 1, 2020.
6115.50. This chapter applies to a decedent dying on or after January 1, 2020.
(a)A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.
(b)If a holographic will does not contain a statement as to the date of its execution and if the omission results in doubt as to whether its provisions or the inconsistent provisions of another will are controlling, the holographic will is invalid to the extent of the inconsistency unless the time of its execution is established to be after the date of execution of the other will.
(c)If it is established that the testator lacked testamentary capacity at any time during which the holographic will might have been executed, the will is invalid unless it is established that it was executed at a time when the testator had testamentary capacity.
(d)Any statement of testamentary intent contained in a holographic will may be set forth either in the testators own handwriting or as part of a commercially printed form will.