Illinois 2023-2024 Regular Session

Illinois House Bill HB2269 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0301
2	1		HB2269 EnrolledLRB103 27863 LNS 54241 b HB2269 Enrolled LRB103 27863 LNS 54241 b
3	2		HB2269 Enrolled LRB103 27863 LNS 54241 b
4		-	AN ACT concerning civil law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Probate Act of 1975 is amended by changing
8		-	Sections 1-2.25, 8-1, and 8-2 as follows:
9		-	(755 ILCS 5/1-2.25)
10		-	Sec. 1-2.25. Where this Act requires information to be
11		-	"written" or "in writing", or provides for certain
12		-	consequences if it is not, an electronic record under the
13		-	Electronic Wills, Electronic Estate Planning Documents, and
14		-	Remote Witnesses Act satisfies the provisions of this Act.
15		-	(Source: P.A. 102-167, eff. 7-26-21.)
16		-	(755 ILCS 5/8-1) (from Ch. 110 1/2, par. 8-1)
17		-	Sec. 8-1. Contest of admission of will to probate; notice.
18		-	(a) Within 6 months after the admission to probate of a
19		-	domestic will in accordance with the provisions of Section 6-4
20		-	or Section 20-20 or 20-25 of the Electronic Wills, Electronic
21		-	Estate Planning Documents, and Remote Witnesses Act, or of a
22		-	foreign will in accordance with the provisions of Article VII
23		-	of this Act, any interested person may file a petition in the
24		-	proceeding for the administration of the testator's estate or,
25		-	if no proceeding is pending, in the court in which the will was
	3	+	1 AN ACT concerning civil law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Probate Act of 1975 is amended by changing
	7	+	5 Sections 1-2.25, 8-1, and 8-2 as follows:
	8	+	6 (755 ILCS 5/1-2.25)
	9	+	7 Sec. 1-2.25. Where this Act requires information to be
	10	+	8 "written" or "in writing", or provides for certain
	11	+	9 consequences if it is not, an electronic record under the
	12	+	10 Electronic Wills, Electronic Estate Planning Documents, and
	13	+	11 Remote Witnesses Act satisfies the provisions of this Act.
	14	+	12 (Source: P.A. 102-167, eff. 7-26-21.)
	15	+	13 (755 ILCS 5/8-1) (from Ch. 110 1/2, par. 8-1)
	16	+	14 Sec. 8-1. Contest of admission of will to probate; notice.
	17	+	15 (a) Within 6 months after the admission to probate of a
	18	+	16 domestic will in accordance with the provisions of Section 6-4
	19	+	17 or Section 20-20 or 20-25 of the Electronic Wills, Electronic
	20	+	18 Estate Planning Documents, and Remote Witnesses Act, or of a
	21	+	19 foreign will in accordance with the provisions of Article VII
	22	+	20 of this Act, any interested person may file a petition in the
	23	+	21 proceeding for the administration of the testator's estate or,
	24	+	22 if no proceeding is pending, in the court in which the will was
26	25
27	26
28	27
29	28		HB2269 Enrolled LRB103 27863 LNS 54241 b
30	29
31	30
32		-	admitted to probate, to contest the validity of the will.
33		-	(b) The petitioner shall cause a copy of the petition to be
34		-	mailed or delivered to the representative, to his or her
35		-	attorney of record, and to each heir and legatee whose name is
36		-	listed in the petition to admit the will to probate and in any
37		-	amended petition filed in accordance with Section 6-11, at the
38		-	address stated in the petition or amended petition. Filing a
39		-	pleading constitutes a waiver of the mailing or delivery of
40		-	the notice to the person filing the pleading. Failure to mail
41		-	or deliver a copy of the petition to an heir or a legatee does
42		-	not extend the time within which a petition to contest the will
43		-	may be filed under subsection (a) of this Section or affect the
44		-	validity of the judgment judgement entered in the proceeding.
45		-	(c) Any contestant or proponent may demand a trial by
46		-	jury. An issue shall be made whether or not the instrument
47		-	produced is the will of the testator. The contestant shall in
48		-	the first instance proceed with proof to establish the
49		-	invalidity of the will. At the close of the contestant's case,
50		-	the proponent may present evidence to sustain the will. An
51		-	authenticated transcript of the testimony of any witness or
52		-	other party taken at the time of the hearing on the admission
53		-	of the will to probate, or an affidavit of any witness or other
54		-	party received as evidence under subsection 6-4(b), paragraphs
55		-	(c) and (e) of Section 20-20 of the Electronic Wills,
56		-	Electronic Estate Planning Documents, and Remote Witnesses
57		-	Act, or Section 20-25 of the Electronic Wills, Electronic
58		-
59		-
60		-	Estate Planning Documents, and Remote Witnesses Act, is
61		-	admissible in evidence.
62		-	(d) The right to institute or continue a proceeding to
63		-	contest the validity of a will survives and descends to the
64		-	heir, legatee, representative, grantee or assignee of the
65		-	person entitled to institute the proceeding.
66		-	(e) It is the duty of the representative to defend a
67		-	proceeding to contest the validity of the will. The court may
68		-	order the representative to defend the proceeding or prosecute
69		-	an appeal from the judgment. If the representative fails or
70		-	refuses to do so when ordered by the court, or if there is no
71		-	representative then acting, the court, upon its motion or on
72		-	application of any interested person, may appoint a special
73		-	administrator to defend or appeal in his stead.
74		-	(f) An action to set aside or contest the validity of a
75		-	revocable inter vivos trust agreement or declaration of trust
76		-	to which a legacy is provided by the settlor's will which is
77		-	admitted to probate shall be commenced within and not after
78		-	the time to contest the validity of a will as provided in
79		-	subsection (a) of this Section and Section 13-223 of the Code
80		-	of Civil Procedure.
81		-	(g) This amendatory Act of 1995 applies to pending cases
82		-	as well as cases commenced on or after its effective date.
83		-	(Source: P.A. 102-167, eff. 7-26-21.)
84		-	(755 ILCS 5/8-2) (from Ch. 110 1/2, par. 8-2)
85		-
86		-
87		-	Sec. 8-2. Contest of denial of admission of will to
88		-	probate.
89		-	(a) Within 6 months after the entry of an order denying
90		-	admission to probate of a domestic will in accordance with the
91		-	provisions of Section 6-4 or Section 20-20 or 20-25 of the
92		-	Electronic Wills, Electronic Estate Planning Documents, and
93		-	Remote Witnesses Act, or of a foreign will in accordance with
94		-	the provisions of Article VII of this Act, any interested
95		-	person desiring to contest the denial of admission may file a
96		-	petition to admit the will to probate in the proceeding for the
97		-	administration of the decedent's estate or, if no proceeding
98		-	is pending, in the court which denied admission of the will to
99		-	probate. The petition must state the facts required to be
100		-	stated in Section 6-2 or 6-20, whichever is applicable.
101		-	(b) The petitioner shall cause a copy of the petition to be
102		-	mailed or delivered to the representative, to his or her
103		-	attorney of record, and to each heir and legatee whose name is
104		-	listed in the petition to admit the will to probate and in any
105		-	amended petition filed in accordance with Section 6-11, at the
106		-	address stated in the petition or amended petition. Filing a
107		-	pleading constitutes a waiver of the mailing or delivery of
108		-	the notice to the person filing the pleading. Failure to mail
109		-	or deliver a copy of the petition to an heir or legatee does
110		-	not extend the time within which a petition to admit the will
111		-	to probate may be filed under subsection (a) of Section 8-1 or
112		-	affect the validity of the judgment entered in the proceeding.
113		-
114		-
115		-	(c) Any proponent or contestant may demand a trial by
116		-	jury. An issue shall be made whether or not the instrument
117		-	produced is the will of the testator. The proponent shall in
118		-	the first instance proceed with proof to establish the
119		-	validity of the will and may introduce any evidence competent
120		-	to establish a will. Any interested person may oppose the
121		-	petition and may introduce any evidence admissible in a will
122		-	contest under Section 8-1. At the close of the contestant's
123		-	case, the proponent may present further evidence to sustain
124		-	the will.
125		-	(d) The right to institute or continue a proceeding to
126		-	contest the denial of admission of a will to probate survives
127		-	and descends to the heir, legatee, representative, grantee or
128		-	assignee of the person entitled to institute the proceeding.
129		-	(e) The court may order the representative to defend a
130		-	proceeding to probate the will or prosecute an appeal from the
131		-	judgment. If the representative fails or refuses to do so when
132		-	ordered by the court, or if there is no representative then
133		-	acting, the court, upon its motion or on application of any
134		-	interested person, may appoint a special administrator to do
135		-	so in his stead.
136		-	(f) A person named as executor in a will that has been
137		-	denied admission to probate has no duty to file or support a
138		-	petition under Section 8-2.
139		-	(g) This amendatory Act of 1995 applies to pending cases
140		-	as well as cases commenced on or after its effective date.
141		-
142		-
143		-	(Source: P.A. 102-167, eff. 7-26-21.)
144		-	Section 10. The Electronic Wills and Remote Witnesses Act
145		-	is amended by changing Sections 1-1, 1-5, 1-15, and 1-20 and by
146		-	adding Article 11 as follows:
147		-	(755 ILCS 6/1-1)
148		-	Sec. 1-1. Short title. This Act may be cited as the
149		-	Electronic Wills, Electronic Estate Planning Documents, and
150		-	Remote Witnesses Act.
151		-	(Source: P.A. 102-167, eff. 7-26-21.)
152		-	(755 ILCS 6/1-5)
153		-	Sec. 1-5. Purpose. The purpose of this Act is to provide
154		-	for: (1) the valid execution, attestation, self-proving, and
155		-	probate of electronic wills, paper copies of electronic wills,
156		-	and wills attested to by witnesses through audio-video
157		-	communication; (2) the valid execution of electronic
158		-	nontestamentary estate planning documents and validation of
159		-	electronic signatures on nontestamentary estate planning
160		-	documents; and (3) (2) the valid execution, attestation, and
161		-	witnessing of documents, other than wills, through audio-video
162		-	communication.
163		-	(Source: P.A. 102-167, eff. 7-26-21.)
164		-	(755 ILCS 6/1-15)
165		-
166		-
167		-	Sec. 1-15. Relation to Probate Act of 1975, other
168		-	statutes, and common law. All electronic wills, paper copies
169		-	of electronic wills, and wills attested to under this Act are
170		-	subject to all requirements of the Probate Act of 1975 and the
171		-	common law, but to the extent the common law or any provision
172		-	of the Probate Act of 1975 conflicts with or is modified by
173		-	this Act, the requirements of this Act control.
174		-	Nontestamentary estate planning documents executed in
175		-	accordance with this Act are subject to all requirements of
176		-	the various statutes applicable thereto, but to the extent the
177		-	common law or any statute conflicts with or is modified by this
178		-	Act, the requirements of this Act control.
179		-	(Source: P.A. 102-167, eff. 7-26-21.)
180		-	(755 ILCS 6/1-20)
181		-	Sec. 1-20. Definitions. As used in this Act:
182		-	"Audio-video communication" means communication by which a
183		-	person can hear, see, and communicate with another person in
184		-	real time using electronic means. A person's visual or hearing
185		-	impairment does not prohibit or limit that person's use of
186		-	audio-visual communication under this Act.
187		-	"Electronic" means relating to technology having
188		-	electrical, digital, magnetic, wireless, optical,
189		-	electromagnetic, or similar capabilities.
190		-	"Electronic record" means a record generated,
191		-	communicated, received, or stored by electronic means for use
192		-
193		-
194		-	in an information system or for transmission from one
195		-	information system to another.
196		-	"Electronic signature" means a signature in electronic
197		-	form that uses a security procedure under the Electronic
198		-	Commerce Security Act and attached to or logically associated
199		-	with an electronic record.
200		-	"Electronic will" is a will that is created and maintained
201		-	as a tamper-evident electronic record.
202		-	"Identity proofing" means a process or service through
203		-	which a third person affirms the identity of an individual
204		-	through a review of personal information from public and
205		-	proprietary data sources, including: (1) by means of dynamic
206		-	knowledge-based authentication, including a review of personal
207		-	information from public or proprietary data sources; or (2) by
208		-	means of an analysis of biometric data, including, but not
209		-	limited to, facial recognition, voiceprint analysis, or
210		-	fingerprint analysis.
211		-	"Information" includes data, text, images, codes, computer
212		-	programs, software, and databases.
213		-	"Nontestamentary estate planning document" means a record
214		-	relating to estate planning that is readable as text at the
215		-	time of signing and is not a will or contained in a will.
216		-	"Nontestamentary estate planning document" includes a record
217		-	readable as text at the time of signing that creates,
218		-	exercises, modifies, releases, or revokes: (1) a trust
219		-	instrument; (2) a trust power that under the terms of the trust
220		-
221		-
222		-	requires a signed record, such as a power to appoint, remove,
223		-	or designate a trustee or other fiduciary or powerholder, a
224		-	power to direct a trustee, a power to modify or amend, a power
225		-	to withdraw assets, a power to decant, a power to waive notice,
226		-	or any other power granted under this Act, any other statute,
227		-	the terms of a trust, or any rule of law possessed by a
228		-	trustee, a grantor, a beneficiary, or a third party; (3) a
229		-	certification of a trust under Section 1013 of the Illinois
230		-	Trust Code; (4) a power of attorney that is durable under
231		-	Article II of the Illinois Power of Attorney Act; (5) an
232		-	agent's certification under Section 2-8 of the Illinois Power
233		-	of Attorney Act of the validity of a power of attorney and the
234		-	agent's authority; (6) a power of appointment; (7) an advance
235		-	directive, including a health care power of attorney,
236		-	directive to physicians, natural death statement, living will,
237		-	and medical or physician order for life-sustaining treatment;
238		-	(8) a record directing the disposition of an individual's body
239		-	after death; (9) a nomination of a guardian for the signing
240		-	individual, including a short-term, temporary, or standby
241		-	guardian; (10) a nomination of a guardian for a minor child or
242		-	disabled adult child, including a short-term, temporary, or
243		-	standby guardian; (11) a supported decision-making agreement
244		-	under the Supported Decision-Making Agreement Act; (12) a
245		-	mental health treatment declaration; (13) a community property
246		-	survivorship agreement; (14) a disclaimer under Section 2-7 of
247		-	the Probate Act of 1975; and (15) any other record intended to
248		-
249		-
250		-	carry out an individual's intent regarding property or health
251		-	care while incapacitated or on death. "Nontestamentary estate
252		-	planning document" does not include a deed of real property or
253		-	a certificate of title for a vehicle, watercraft, or aircraft.
254		-	"Paper copy" means a tamper-evident electronic record that
255		-	is printed and contains the following: (1) the text of the
256		-	document; (2) the electronic signature of the signer; (3) a
257		-	readable copy of the evidence of any changes displayed in the
258		-	electronic record; and (4) any exhibits, attestation clauses,
259		-	affidavits, or other items forming a part of the document or
260		-	contained in the electronic record.
261		-	"Paper document" means a document that is written or
262		-	printed on paper.
263		-	"Person" means an individual, estate, business or
264		-	nonprofit entity, government or governmental subdivision,
265		-	agency, or instrumentality, or other legal entity.
266		-	"Physical presence" means being in the same physical
267		-	location as another person and close enough to see and know the
268		-	other person is signing a document.
269		-	"Power of attorney" means a record that grants authority
270		-	to an agent to act in place of the principal, even if the term
271		-	is not used in the record.
272		-	"Presence" includes: (1) physical presence; or (2) being
273		-	in a different physical location from another person, but
274		-	able, using audio-video communication, to know the person is
275		-	signing a document in real time.
276		-
277		-
278		-	"Record" means information: (1) inscribed on a tangible
279		-	medium; or (2) stored in an electronic or other medium and
280		-	retrievable in a perceivable form.
281		-	"Remote witness" means a person attesting to a document
282		-	who is in the presence of the signer or testator through
283		-	audio-video communication.
284		-	"Rule of law" means any statute, ordinance, common law
285		-	rule, court decision, or other rule of law enacted,
286		-	established, or promulgated by this State or any agency,
287		-	commission, department, court, other authority, or political
288		-	subdivision of this State.
289		-	"Security procedure" means a procedure to verify that an
290		-	electronic signature, record, or performance is that of a
291		-	specific person or to detect a change or error in an electronic
292		-	record. "Security procedure" includes a procedure that uses an
293		-	algorithm, code, identifying word or number, encryption, or
294		-	callback or other acknowledgment procedure.
295		-	"Settlor" means a person, including a testator, that
296		-	creates or contributes property to a trust.
297		-	"Signature" includes an electronic signature and an ink
298		-	signature.
299		-	"Sign" means, with present intent to authenticate or adopt
300		-	a record, to: (1) execute or adopt a tangible symbol; or (2)
301		-	attach to or logically associate with the record an electronic
302		-	signature.
303		-	"State" means a state of the United States, the District
304		-
305		-
306		-	of Columbia, Puerto Rico, the United States Virgin Islands, or
307		-	other territory or possession subject to the jurisdiction of
308		-	the United States. "State" includes a federally recognized
309		-	Indian tribe.
310		-	"Tamper-evident" means a feature of an electronic record
311		-	by which any change to the electronic record is displayed.
312		-	"Terms of trust" means: (1) the manifestation of the
313		-	settlor's intent regarding a trust's provisions as (i)
314		-	expressed in the trust instrument or (ii) established by other
315		-	evidence that would be admissible in a judicial proceeding; or
316		-	(2) the trust's provisions as established, determined, or
317		-	amended by (i) a trustee or other person in accordance with
318		-	applicable law, (ii) a court order, or (iii) a nonjudicial
319		-	settlement agreement under Section 111 of the Illinois Trust
320		-	Code.
321		-	"Trust instrument" means an instrument executed by the
322		-	settlor that contains terms of the trust, including any
323		-	amendments.
324		-	"Will" includes a codicil and a testamentary instrument
325		-	that merely appoints an executor, revokes or revises another
326		-	will, nominates a guardian, or expressly excludes or limits
327		-	the right of an individual or class to succeed to property of
328		-	the decedent passing by intestate succession.
329		-	(Source: P.A. 102-167, eff. 7-26-21.)
330		-	(755 ILCS 6/Art. 11 heading new)
331		-
332		-
333		-	Article 11. Electronic Nontestamentary Estate Planning
334		-	Documents
335		-	(755 ILCS 6/11-5 new)
336		-	Sec. 11-5. Construction. This Article shall be construed
337		-	and applied to:
338		-	(1) facilitate electronic estate planning documents
339		-	and signatures consistent with other law; and
340		-	(2) be consistent with reasonable practices concerning
341		-	electronic documents and signatures and continued
342		-	expansion of those practices.
343		-	(755 ILCS 6/11-10 new)
344		-	Sec. 11-10. Scope.
345		-	(a) Except as provided in subsection (b), this Article
346		-	applies to an electronic nontestamentary estate planning
347		-	document and an electronic signature on a nontestamentary
348		-	estate planning document.
349		-	(b) This Article does not apply to a nontestamentary
350		-	estate planning document, will, or terms of a trust governing
351		-	the document expressly preclude use of an electronic record or
352		-	electronic signature.
353		-	(c) This Article does not affect the validity of an
354		-	electronic record or electronic signature that is valid under:
355		-	(1) the Illinois Uniform Electronic Transactions Act;
356		-	(2) any other Section of this Act; or
357		-
358		-
359		-	(3) any other State law relating to nontestamentary
360		-	estate planning documents.
361		-	(755 ILCS 6/11-15 new)
362		-	Sec. 11-15. Principles of law and equity. The law of this
363		-	State and principles of equity applicable to a nontestamentary
364		-	estate planning document apply to an electronic
365		-	nontestamentary estate planning document except as modified by
366		-	this Article.
367		-	(755 ILCS 6/11-20 new)
368		-	Sec. 11-20. Use of electronic record or signature not
369		-	required.
370		-	(a) This Article does not require a nontestamentary estate
371		-	planning document or signature on a nontestamentary estate
372		-	planning document to be created, generated, sent,
373		-	communicated, received, stored, or otherwise processed or used
374		-	by electronic means or in electronic form.
375		-	(b) A person is not required to have a nontestamentary
376		-	estate planning document in electronic form or signed
377		-	electronically even if the person previously created or signed
378		-	a nontestamentary estate planning document by electronic
379		-	means.
380		-	(c) A person may not waive the provisions of this Section.
381		-	(755 ILCS 6/11-25 new)
382		-
383		-
384		-	Sec. 11-25. Recognition of electronic nontestamentary
385		-	estate planning document and electronic signature.
386		-	(a) A nontestamentary estate planning document or a
387		-	signature on a nontestamentary estate planning document may
388		-	not be denied legal effect or enforceability solely because it
389		-	is in electronic form.
390		-	(b) If other law of this State or a will or the terms of a
391		-	trust governing the nontestamentary estate planning document
392		-	require a nontestamentary estate planning document to be in
393		-	writing, an electronic record of the document satisfies the
394		-	requirement.
395		-	(c) If other law of this State requires a signature on a
396		-	nontestamentary estate planning document, an electronic
397		-	signature satisfies the requirement.
398		-	(755 ILCS 6/11-30 new)
399		-	Sec. 11-30. Attribution and effect of electronic record
400		-	and electronic signature.
401		-	(a) An electronic nontestamentary estate planning document
402		-	or electronic signature on an electronic nontestamentary
403		-	estate planning document is attributable to a person if it was
404		-	the act of the person. The act of the person may be shown in
405		-	any manner, including by showing the efficacy of a security
406		-	procedure applied to determine the person to which the
407		-	electronic record or electronic signature was attributable.
408		-	(b) The effect of attribution to a person under subsection
409		-
410		-
411		-	(a) of a document or signature is determined from the context
412		-	and surrounding circumstances at the time of its creation,
413		-	execution, or adoption and as provided by other law.
414		-	(755 ILCS 6/11-35 new)
415		-	Sec. 11-35. Notarization and acknowledgment. If other law
416		-	of this State or a will or the terms of a trust require or
417		-	permit a signature or record to be notarized, acknowledged,
418		-	verified, or made under oath, the requirement is satisfied
419		-	with respect to an electronic nontestamentary estate planning
420		-	document if an individual authorized to perform the
421		-	notarization, acknowledgment, verification, or oath attaches
422		-	or logically associates the individual's electronic signature
423		-	on the document together with all other information required
424		-	to be included under the other law.
425		-	(755 ILCS 6/11-40 new)
426		-	Sec. 11-40. Witnessing and attestation.
427		-	(a) If other law of this State or a will or the terms of a
428		-	trust base the validity of a nontestamentary estate planning
429		-	document on whether it is signed, witnessed, or attested by
430		-	another individual, the signature, witnessing, or attestation
431		-	of that individual may be electronic.
432		-	(b) As used in this subsection (b), "electronic presence"
433		-	means that 2 or more individuals in different locations are
434		-	able to communicate in real time to the same extent as if the
435		-
436		-
437		-	individuals were physically present in the same location. If
438		-	other law of this State bases the validity of a
439		-	nontestamentary estate planning document on whether it is
440		-	signed, witnessed, or attested by another individual in the
441		-	presence of the individual signing the document, the presence
442		-	requirement is satisfied if the individuals are in each
443		-	other's electronic presence.
444		-	(755 ILCS 6/11-45 new)
445		-	Sec. 11-45. Retention of electronic record; original.
446		-	(a) Except as provided in subsection (b), if other law of
447		-	this State requires an electronic nontestamentary estate
448		-	planning document to be retained, transmitted, copied, or
449		-	filed, the requirement is satisfied by retaining,
450		-	transmitting, copying, or filing an electronic record that:
451		-	(1) accurately reflects the information in the
452		-	document after it was first generated in final form as an
453		-	electronic record or under Section 11-30; and
454		-	(2) remains accessible to the extent required by the
455		-	other law.
456		-	(b) A requirement under subsection (a) to retain a record
457		-	does not apply to information the sole purpose of which is to
458		-	enable the record to be sent, communicated, or received.
459		-	(c) A person may satisfy subsection (a) by using the
460		-	services of another person.
461		-	(d) If other law of this State requires a nontestamentary
462		-
463		-
464		-	estate planning document to be presented or retained in its
465		-	original form, or provides consequences if a nontestamentary
466		-	estate planning document is not presented or retained in its
467		-	original form, an electronic record retained in accordance
468		-	with subsection (a) satisfies the other law.
469		-	(e) This Section does not preclude a governmental agency
470		-	from specifying requirements for the retention of a record
471		-	subject to the agency's jurisdiction in addition to those in
472		-	this Section. In this Section, "governmental agency" means an
473		-	executive, legislative, or judicial agency, department, board,
474		-	commission, authority, institution, or instrumentality of the
475		-	federal government or of a state or of a county, municipality,
476		-	or other political subdivision of a state.
477		-	(755 ILCS 6/11-50 new)
478		-	Sec. 11-50. Certification of paper copy. An individual may
479		-	create a certified paper copy of an electronic nontestamentary
480		-	estate planning document by affirming under penalty of perjury
481		-	that the paper copy is a complete and accurate copy of the
482		-	document.
483		-	(755 ILCS 6/11-55 new)
484		-	Sec. 11-55. Admissibility in evidence. Evidence relating
485		-	to an electronic nontestamentary estate planning document or
486		-	an electronic signature on the document may not be excluded in
487		-	a proceeding solely because it is in electronic form.
488		-
489		-
490		-	(755 ILCS 6/11-60 new)
491		-	Sec. 11-60. Relation to the Electronic Signatures in
492		-	Global and National Commerce Act. This Article modifies,
493		-	limits, or supersedes the Electronic Signatures in Global and
494		-	National Commerce Act, 15 U.S.C. Section 7001 et seq., but
495		-	does not modify, limit, or supersede 15 U.S.C. Section 7001(c)
496		-	or authorize electronic delivery of any of the notices
497		-	described in 15 U.S.C. Section 7003(b).
498		-	(755 ILCS 6/11-65 new)
499		-	Sec. 11-65. Application. This Article applies to an
500		-	electronic nontestamentary estate planning document created,
501		-	signed, generated, sent, communicated, received, or stored
502		-	before, on, or after the effective date of this amendatory Act
503		-	of the 103rd General Assembly.
504		-	(755 ILCS 6/11-70 new)
505		-	Sec. 11-70. Severability. If a provision of this Article
506		-	or its application to a person or circumstance is held
507		-	invalid, the invalidity does not affect another provision or
508		-	application that can be given effect without the invalid
509		-	provision.
510		-	Section 99. Effective date. This Act takes effect January
511		-	1, 2024.
512		-	INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
513		-	INDEX
514		-	Statutes amended in order of appearance
	31	+	HB2269 Enrolled- 2 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 2 - LRB103 27863 LNS 54241 b
	32	+	HB2269 Enrolled - 2 - LRB103 27863 LNS 54241 b
	33	+	1 admitted to probate, to contest the validity of the will.
	34	+	2 (b) The petitioner shall cause a copy of the petition to be
	35	+	3 mailed or delivered to the representative, to his or her
	36	+	4 attorney of record, and to each heir and legatee whose name is
	37	+	5 listed in the petition to admit the will to probate and in any
	38	+	6 amended petition filed in accordance with Section 6-11, at the
	39	+	7 address stated in the petition or amended petition. Filing a
	40	+	8 pleading constitutes a waiver of the mailing or delivery of
	41	+	9 the notice to the person filing the pleading. Failure to mail
	42	+	10 or deliver a copy of the petition to an heir or a legatee does
	43	+	11 not extend the time within which a petition to contest the will
	44	+	12 may be filed under subsection (a) of this Section or affect the
	45	+	13 validity of the judgment judgement entered in the proceeding.
	46	+	14 (c) Any contestant or proponent may demand a trial by
	47	+	15 jury. An issue shall be made whether or not the instrument
	48	+	16 produced is the will of the testator. The contestant shall in
	49	+	17 the first instance proceed with proof to establish the
	50	+	18 invalidity of the will. At the close of the contestant's case,
	51	+	19 the proponent may present evidence to sustain the will. An
	52	+	20 authenticated transcript of the testimony of any witness or
	53	+	21 other party taken at the time of the hearing on the admission
	54	+	22 of the will to probate, or an affidavit of any witness or other
	55	+	23 party received as evidence under subsection 6-4(b), paragraphs
	56	+	24 (c) and (e) of Section 20-20 of the Electronic Wills,
	57	+	25 Electronic Estate Planning Documents, and Remote Witnesses
	58	+	26 Act, or Section 20-25 of the Electronic Wills, Electronic
515	59
516	60
517	61
518		-	INDEX
519		-	Statutes amended in order of appearance
	62	+
	63	+
	64	+	HB2269 Enrolled - 2 - LRB103 27863 LNS 54241 b
	65	+
	66	+
	67	+	HB2269 Enrolled- 3 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 3 - LRB103 27863 LNS 54241 b
	68	+	HB2269 Enrolled - 3 - LRB103 27863 LNS 54241 b
	69	+	1 Estate Planning Documents, and Remote Witnesses Act, is
	70	+	2 admissible in evidence.
	71	+	3 (d) The right to institute or continue a proceeding to
	72	+	4 contest the validity of a will survives and descends to the
	73	+	5 heir, legatee, representative, grantee or assignee of the
	74	+	6 person entitled to institute the proceeding.
	75	+	7 (e) It is the duty of the representative to defend a
	76	+	8 proceeding to contest the validity of the will. The court may
	77	+	9 order the representative to defend the proceeding or prosecute
	78	+	10 an appeal from the judgment. If the representative fails or
	79	+	11 refuses to do so when ordered by the court, or if there is no
	80	+	12 representative then acting, the court, upon its motion or on
	81	+	13 application of any interested person, may appoint a special
	82	+	14 administrator to defend or appeal in his stead.
	83	+	15 (f) An action to set aside or contest the validity of a
	84	+	16 revocable inter vivos trust agreement or declaration of trust
	85	+	17 to which a legacy is provided by the settlor's will which is
	86	+	18 admitted to probate shall be commenced within and not after
	87	+	19 the time to contest the validity of a will as provided in
	88	+	20 subsection (a) of this Section and Section 13-223 of the Code
	89	+	21 of Civil Procedure.
	90	+	22 (g) This amendatory Act of 1995 applies to pending cases
	91	+	23 as well as cases commenced on or after its effective date.
	92	+	24 (Source: P.A. 102-167, eff. 7-26-21.)
	93	+	25 (755 ILCS 5/8-2) (from Ch. 110 1/2, par. 8-2)
	94	+
	95	+
	96	+
	97	+
	98	+
	99	+	HB2269 Enrolled - 3 - LRB103 27863 LNS 54241 b
	100	+
	101	+
	102	+	HB2269 Enrolled- 4 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 4 - LRB103 27863 LNS 54241 b
	103	+	HB2269 Enrolled - 4 - LRB103 27863 LNS 54241 b
	104	+	1 Sec. 8-2. Contest of denial of admission of will to
	105	+	2 probate.
	106	+	3 (a) Within 6 months after the entry of an order denying
	107	+	4 admission to probate of a domestic will in accordance with the
	108	+	5 provisions of Section 6-4 or Section 20-20 or 20-25 of the
	109	+	6 Electronic Wills, Electronic Estate Planning Documents, and
	110	+	7 Remote Witnesses Act, or of a foreign will in accordance with
	111	+	8 the provisions of Article VII of this Act, any interested
	112	+	9 person desiring to contest the denial of admission may file a
	113	+	10 petition to admit the will to probate in the proceeding for the
	114	+	11 administration of the decedent's estate or, if no proceeding
	115	+	12 is pending, in the court which denied admission of the will to
	116	+	13 probate. The petition must state the facts required to be
	117	+	14 stated in Section 6-2 or 6-20, whichever is applicable.
	118	+	15 (b) The petitioner shall cause a copy of the petition to be
	119	+	16 mailed or delivered to the representative, to his or her
	120	+	17 attorney of record, and to each heir and legatee whose name is
	121	+	18 listed in the petition to admit the will to probate and in any
	122	+	19 amended petition filed in accordance with Section 6-11, at the
	123	+	20 address stated in the petition or amended petition. Filing a
	124	+	21 pleading constitutes a waiver of the mailing or delivery of
	125	+	22 the notice to the person filing the pleading. Failure to mail
	126	+	23 or deliver a copy of the petition to an heir or legatee does
	127	+	24 not extend the time within which a petition to admit the will
	128	+	25 to probate may be filed under subsection (a) of Section 8-1 or
	129	+	26 affect the validity of the judgment entered in the proceeding.
	130	+
	131	+
	132	+
	133	+
	134	+
	135	+	HB2269 Enrolled - 4 - LRB103 27863 LNS 54241 b
	136	+
	137	+
	138	+	HB2269 Enrolled- 5 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 5 - LRB103 27863 LNS 54241 b
	139	+	HB2269 Enrolled - 5 - LRB103 27863 LNS 54241 b
	140	+	1 (c) Any proponent or contestant may demand a trial by
	141	+	2 jury. An issue shall be made whether or not the instrument
	142	+	3 produced is the will of the testator. The proponent shall in
	143	+	4 the first instance proceed with proof to establish the
	144	+	5 validity of the will and may introduce any evidence competent
	145	+	6 to establish a will. Any interested person may oppose the
	146	+	7 petition and may introduce any evidence admissible in a will
	147	+	8 contest under Section 8-1. At the close of the contestant's
	148	+	9 case, the proponent may present further evidence to sustain
	149	+	10 the will.
	150	+	11 (d) The right to institute or continue a proceeding to
	151	+	12 contest the denial of admission of a will to probate survives
	152	+	13 and descends to the heir, legatee, representative, grantee or
	153	+	14 assignee of the person entitled to institute the proceeding.
	154	+	15 (e) The court may order the representative to defend a
	155	+	16 proceeding to probate the will or prosecute an appeal from the
	156	+	17 judgment. If the representative fails or refuses to do so when
	157	+	18 ordered by the court, or if there is no representative then
	158	+	19 acting, the court, upon its motion or on application of any
	159	+	20 interested person, may appoint a special administrator to do
	160	+	21 so in his stead.
	161	+	22 (f) A person named as executor in a will that has been
	162	+	23 denied admission to probate has no duty to file or support a
	163	+	24 petition under Section 8-2.
	164	+	25 (g) This amendatory Act of 1995 applies to pending cases
	165	+	26 as well as cases commenced on or after its effective date.
	166	+
	167	+
	168	+
	169	+
	170	+
	171	+	HB2269 Enrolled - 5 - LRB103 27863 LNS 54241 b
	172	+
	173	+
	174	+	HB2269 Enrolled- 6 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 6 - LRB103 27863 LNS 54241 b
	175	+	HB2269 Enrolled - 6 - LRB103 27863 LNS 54241 b
	176	+	1 (Source: P.A. 102-167, eff. 7-26-21.)
	177	+	2 Section 10. The Electronic Wills and Remote Witnesses Act
	178	+	3 is amended by changing Sections 1-1, 1-5, 1-15, and 1-20 and by
	179	+	4 adding Article 11 as follows:
	180	+	5 (755 ILCS 6/1-1)
	181	+	6 Sec. 1-1. Short title. This Act may be cited as the
	182	+	7 Electronic Wills, Electronic Estate Planning Documents, and
	183	+	8 Remote Witnesses Act.
	184	+	9 (Source: P.A. 102-167, eff. 7-26-21.)
	185	+	10 (755 ILCS 6/1-5)
	186	+	11 Sec. 1-5. Purpose. The purpose of this Act is to provide
	187	+	12 for: (1) the valid execution, attestation, self-proving, and
	188	+	13 probate of electronic wills, paper copies of electronic wills,
	189	+	14 and wills attested to by witnesses through audio-video
	190	+	15 communication; (2) the valid execution of electronic
	191	+	16 nontestamentary estate planning documents and validation of
	192	+	17 electronic signatures on nontestamentary estate planning
	193	+	18 documents; and (3) (2) the valid execution, attestation, and
	194	+	19 witnessing of documents, other than wills, through audio-video
	195	+	20 communication.
	196	+	21 (Source: P.A. 102-167, eff. 7-26-21.)
	197	+	22 (755 ILCS 6/1-15)
	198	+
	199	+
	200	+
	201	+
	202	+
	203	+	HB2269 Enrolled - 6 - LRB103 27863 LNS 54241 b
	204	+
	205	+
	206	+	HB2269 Enrolled- 7 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 7 - LRB103 27863 LNS 54241 b
	207	+	HB2269 Enrolled - 7 - LRB103 27863 LNS 54241 b
	208	+	1 Sec. 1-15. Relation to Probate Act of 1975, other
	209	+	2 statutes, and common law. All electronic wills, paper copies
	210	+	3 of electronic wills, and wills attested to under this Act are
	211	+	4 subject to all requirements of the Probate Act of 1975 and the
	212	+	5 common law, but to the extent the common law or any provision
	213	+	6 of the Probate Act of 1975 conflicts with or is modified by
	214	+	7 this Act, the requirements of this Act control.
	215	+	8 Nontestamentary estate planning documents executed in
	216	+	9 accordance with this Act are subject to all requirements of
	217	+	10 the various statutes applicable thereto, but to the extent the
	218	+	11 common law or any statute conflicts with or is modified by this
	219	+	12 Act, the requirements of this Act control.
	220	+	13 (Source: P.A. 102-167, eff. 7-26-21.)
	221	+	14 (755 ILCS 6/1-20)
	222	+	15 Sec. 1-20. Definitions. As used in this Act:
	223	+	16 "Audio-video communication" means communication by which a
	224	+	17 person can hear, see, and communicate with another person in
	225	+	18 real time using electronic means. A person's visual or hearing
	226	+	19 impairment does not prohibit or limit that person's use of
	227	+	20 audio-visual communication under this Act.
	228	+	21 "Electronic" means relating to technology having
	229	+	22 electrical, digital, magnetic, wireless, optical,
	230	+	23 electromagnetic, or similar capabilities.
	231	+	24 "Electronic record" means a record generated,
	232	+	25 communicated, received, or stored by electronic means for use
	233	+
	234	+
	235	+
	236	+
	237	+
	238	+	HB2269 Enrolled - 7 - LRB103 27863 LNS 54241 b
	239	+
	240	+
	241	+	HB2269 Enrolled- 8 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 8 - LRB103 27863 LNS 54241 b
	242	+	HB2269 Enrolled - 8 - LRB103 27863 LNS 54241 b
	243	+	1 in an information system or for transmission from one
	244	+	2 information system to another.
	245	+	3 "Electronic signature" means a signature in electronic
	246	+	4 form that uses a security procedure under the Electronic
	247	+	5 Commerce Security Act and attached to or logically associated
	248	+	6 with an electronic record.
	249	+	7 "Electronic will" is a will that is created and maintained
	250	+	8 as a tamper-evident electronic record.
	251	+	9 "Identity proofing" means a process or service through
	252	+	10 which a third person affirms the identity of an individual
	253	+	11 through a review of personal information from public and
	254	+	12 proprietary data sources, including: (1) by means of dynamic
	255	+	13 knowledge-based authentication, including a review of personal
	256	+	14 information from public or proprietary data sources; or (2) by
	257	+	15 means of an analysis of biometric data, including, but not
	258	+	16 limited to, facial recognition, voiceprint analysis, or
	259	+	17 fingerprint analysis.
	260	+	18 "Information" includes data, text, images, codes, computer
	261	+	19 programs, software, and databases.
	262	+	20 "Nontestamentary estate planning document" means a record
	263	+	21 relating to estate planning that is readable as text at the
	264	+	22 time of signing and is not a will or contained in a will.
	265	+	23 "Nontestamentary estate planning document" includes a record
	266	+	24 readable as text at the time of signing that creates,
	267	+	25 exercises, modifies, releases, or revokes: (1) a trust
	268	+	26 instrument; (2) a trust power that under the terms of the trust
	269	+
	270	+
	271	+
	272	+
	273	+
	274	+	HB2269 Enrolled - 8 - LRB103 27863 LNS 54241 b
	275	+
	276	+
	277	+	HB2269 Enrolled- 9 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 9 - LRB103 27863 LNS 54241 b
	278	+	HB2269 Enrolled - 9 - LRB103 27863 LNS 54241 b
	279	+	1 requires a signed record, such as a power to appoint, remove,
	280	+	2 or designate a trustee or other fiduciary or powerholder, a
	281	+	3 power to direct a trustee, a power to modify or amend, a power
	282	+	4 to withdraw assets, a power to decant, a power to waive notice,
	283	+	5 or any other power granted under this Act, any other statute,
	284	+	6 the terms of a trust, or any rule of law possessed by a
	285	+	7 trustee, a grantor, a beneficiary, or a third party; (3) a
	286	+	8 certification of a trust under Section 1013 of the Illinois
	287	+	9 Trust Code; (4) a power of attorney that is durable under
	288	+	10 Article II of the Illinois Power of Attorney Act; (5) an
	289	+	11 agent's certification under Section 2-8 of the Illinois Power
	290	+	12 of Attorney Act of the validity of a power of attorney and the
	291	+	13 agent's authority; (6) a power of appointment; (7) an advance
	292	+	14 directive, including a health care power of attorney,
	293	+	15 directive to physicians, natural death statement, living will,
	294	+	16 and medical or physician order for life-sustaining treatment;
	295	+	17 (8) a record directing the disposition of an individual's body
	296	+	18 after death; (9) a nomination of a guardian for the signing
	297	+	19 individual, including a short-term, temporary, or standby
	298	+	20 guardian; (10) a nomination of a guardian for a minor child or
	299	+	21 disabled adult child, including a short-term, temporary, or
	300	+	22 standby guardian; (11) a supported decision-making agreement
	301	+	23 under the Supported Decision-Making Agreement Act; (12) a
	302	+	24 mental health treatment declaration; (13) a community property
	303	+	25 survivorship agreement; (14) a disclaimer under Section 2-7 of
	304	+	26 the Probate Act of 1975; and (15) any other record intended to
	305	+
	306	+
	307	+
	308	+
	309	+
	310	+	HB2269 Enrolled - 9 - LRB103 27863 LNS 54241 b
	311	+
	312	+
	313	+	HB2269 Enrolled- 10 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 10 - LRB103 27863 LNS 54241 b
	314	+	HB2269 Enrolled - 10 - LRB103 27863 LNS 54241 b
	315	+	1 carry out an individual's intent regarding property or health
	316	+	2 care while incapacitated or on death. "Nontestamentary estate
	317	+	3 planning document" does not include a deed of real property or
	318	+	4 a certificate of title for a vehicle, watercraft, or aircraft.
	319	+	5 "Paper copy" means a tamper-evident electronic record that
	320	+	6 is printed and contains the following: (1) the text of the
	321	+	7 document; (2) the electronic signature of the signer; (3) a
	322	+	8 readable copy of the evidence of any changes displayed in the
	323	+	9 electronic record; and (4) any exhibits, attestation clauses,
	324	+	10 affidavits, or other items forming a part of the document or
	325	+	11 contained in the electronic record.
	326	+	12 "Paper document" means a document that is written or
	327	+	13 printed on paper.
	328	+	14 "Person" means an individual, estate, business or
	329	+	15 nonprofit entity, government or governmental subdivision,
	330	+	16 agency, or instrumentality, or other legal entity.
	331	+	17 "Physical presence" means being in the same physical
	332	+	18 location as another person and close enough to see and know the
	333	+	19 other person is signing a document.
	334	+	20 "Power of attorney" means a record that grants authority
	335	+	21 to an agent to act in place of the principal, even if the term
	336	+	22 is not used in the record.
	337	+	23 "Presence" includes: (1) physical presence; or (2) being
	338	+	24 in a different physical location from another person, but
	339	+	25 able, using audio-video communication, to know the person is
	340	+	26 signing a document in real time.
	341	+
	342	+
	343	+
	344	+
	345	+
	346	+	HB2269 Enrolled - 10 - LRB103 27863 LNS 54241 b
	347	+
	348	+
	349	+	HB2269 Enrolled- 11 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 11 - LRB103 27863 LNS 54241 b
	350	+	HB2269 Enrolled - 11 - LRB103 27863 LNS 54241 b
	351	+	1 "Record" means information: (1) inscribed on a tangible
	352	+	2 medium; or (2) stored in an electronic or other medium and
	353	+	3 retrievable in a perceivable form.
	354	+	4 "Remote witness" means a person attesting to a document
	355	+	5 who is in the presence of the signer or testator through
	356	+	6 audio-video communication.
	357	+	7 "Rule of law" means any statute, ordinance, common law
	358	+	8 rule, court decision, or other rule of law enacted,
	359	+	9 established, or promulgated by this State or any agency,
	360	+	10 commission, department, court, other authority, or political
	361	+	11 subdivision of this State.
	362	+	12 "Security procedure" means a procedure to verify that an
	363	+	13 electronic signature, record, or performance is that of a
	364	+	14 specific person or to detect a change or error in an electronic
	365	+	15 record. "Security procedure" includes a procedure that uses an
	366	+	16 algorithm, code, identifying word or number, encryption, or
	367	+	17 callback or other acknowledgment procedure.
	368	+	18 "Settlor" means a person, including a testator, that
	369	+	19 creates or contributes property to a trust.
	370	+	20 "Signature" includes an electronic signature and an ink
	371	+	21 signature.
	372	+	22 "Sign" means, with present intent to authenticate or adopt
	373	+	23 a record, to: (1) execute or adopt a tangible symbol; or (2)
	374	+	24 attach to or logically associate with the record an electronic
	375	+	25 signature.
	376	+	26 "State" means a state of the United States, the District
	377	+
	378	+
	379	+
	380	+
	381	+
	382	+	HB2269 Enrolled - 11 - LRB103 27863 LNS 54241 b
	383	+
	384	+
	385	+	HB2269 Enrolled- 12 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 12 - LRB103 27863 LNS 54241 b
	386	+	HB2269 Enrolled - 12 - LRB103 27863 LNS 54241 b
	387	+	1 of Columbia, Puerto Rico, the United States Virgin Islands, or
	388	+	2 other territory or possession subject to the jurisdiction of
	389	+	3 the United States. "State" includes a federally recognized
	390	+	4 Indian tribe.
	391	+	5 "Tamper-evident" means a feature of an electronic record
	392	+	6 by which any change to the electronic record is displayed.
	393	+	7 "Terms of trust" means: (1) the manifestation of the
	394	+	8 settlor's intent regarding a trust's provisions as (i)
	395	+	9 expressed in the trust instrument or (ii) established by other
	396	+	10 evidence that would be admissible in a judicial proceeding; or
	397	+	11 (2) the trust's provisions as established, determined, or
	398	+	12 amended by (i) a trustee or other person in accordance with
	399	+	13 applicable law, (ii) a court order, or (iii) a nonjudicial
	400	+	14 settlement agreement under Section 111 of the Illinois Trust
	401	+	15 Code.
	402	+	16 "Trust instrument" means an instrument executed by the
	403	+	17 settlor that contains terms of the trust, including any
	404	+	18 amendments.
	405	+	19 "Will" includes a codicil and a testamentary instrument
	406	+	20 that merely appoints an executor, revokes or revises another
	407	+	21 will, nominates a guardian, or expressly excludes or limits
	408	+	22 the right of an individual or class to succeed to property of
	409	+	23 the decedent passing by intestate succession.
	410	+	24 (Source: P.A. 102-167, eff. 7-26-21.)
	411	+	25 (755 ILCS 6/Art. 11 heading new)
	412	+
	413	+
	414	+
	415	+
	416	+
	417	+	HB2269 Enrolled - 12 - LRB103 27863 LNS 54241 b
	418	+
	419	+
	420	+	HB2269 Enrolled- 13 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 13 - LRB103 27863 LNS 54241 b
	421	+	HB2269 Enrolled - 13 - LRB103 27863 LNS 54241 b
	422	+	1 Article 11. Electronic Nontestamentary Estate Planning
	423	+	2 Documents
	424	+	3 (755 ILCS 6/11-5 new)
	425	+	4 Sec. 11-5. Construction. This Article shall be construed
	426	+	5 and applied to:
	427	+	6 (1) facilitate electronic estate planning documents
	428	+	7 and signatures consistent with other law; and
	429	+	8 (2) be consistent with reasonable practices concerning
	430	+	9 electronic documents and signatures and continued
	431	+	10 expansion of those practices.
	432	+	11 (755 ILCS 6/11-10 new)
	433	+	12 Sec. 11-10. Scope.
	434	+	13 (a) Except as provided in subsection (b), this Article
	435	+	14 applies to an electronic nontestamentary estate planning
	436	+	15 document and an electronic signature on a nontestamentary
	437	+	16 estate planning document.
	438	+	17 (b) This Article does not apply to a nontestamentary
	439	+	18 estate planning document, will, or terms of a trust governing
	440	+	19 the document expressly preclude use of an electronic record or
	441	+	20 electronic signature.
	442	+	21 (c) This Article does not affect the validity of an
	443	+	22 electronic record or electronic signature that is valid under:
	444	+	23 (1) the Illinois Uniform Electronic Transactions Act;
	445	+	24 (2) any other Section of this Act; or
	446	+
	447	+
	448	+
	449	+
	450	+
	451	+	HB2269 Enrolled - 13 - LRB103 27863 LNS 54241 b
	452	+
	453	+
	454	+	HB2269 Enrolled- 14 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 14 - LRB103 27863 LNS 54241 b
	455	+	HB2269 Enrolled - 14 - LRB103 27863 LNS 54241 b
	456	+	1 (3) any other State law relating to nontestamentary
	457	+	2 estate planning documents.
	458	+	3 (755 ILCS 6/11-15 new)
	459	+	4 Sec. 11-15. Principles of law and equity. The law of this
	460	+	5 State and principles of equity applicable to a nontestamentary
	461	+	6 estate planning document apply to an electronic
	462	+	7 nontestamentary estate planning document except as modified by
	463	+	8 this Article.
	464	+	9 (755 ILCS 6/11-20 new)
	465	+	10 Sec. 11-20. Use of electronic record or signature not
	466	+	11 required.
	467	+	12 (a) This Article does not require a nontestamentary estate
	468	+	13 planning document or signature on a nontestamentary estate
	469	+	14 planning document to be created, generated, sent,
	470	+	15 communicated, received, stored, or otherwise processed or used
	471	+	16 by electronic means or in electronic form.
	472	+	17 (b) A person is not required to have a nontestamentary
	473	+	18 estate planning document in electronic form or signed
	474	+	19 electronically even if the person previously created or signed
	475	+	20 a nontestamentary estate planning document by electronic
	476	+	21 means.
	477	+	22 (c) A person may not waive the provisions of this Section.
	478	+	23 (755 ILCS 6/11-25 new)
	479	+
	480	+
	481	+
	482	+
	483	+
	484	+	HB2269 Enrolled - 14 - LRB103 27863 LNS 54241 b
	485	+
	486	+
	487	+	HB2269 Enrolled- 15 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 15 - LRB103 27863 LNS 54241 b
	488	+	HB2269 Enrolled - 15 - LRB103 27863 LNS 54241 b
	489	+	1 Sec. 11-25. Recognition of electronic nontestamentary
	490	+	2 estate planning document and electronic signature.
	491	+	3 (a) A nontestamentary estate planning document or a
	492	+	4 signature on a nontestamentary estate planning document may
	493	+	5 not be denied legal effect or enforceability solely because it
	494	+	6 is in electronic form.
	495	+	7 (b) If other law of this State or a will or the terms of a
	496	+	8 trust governing the nontestamentary estate planning document
	497	+	9 require a nontestamentary estate planning document to be in
	498	+	10 writing, an electronic record of the document satisfies the
	499	+	11 requirement.
	500	+	12 (c) If other law of this State requires a signature on a
	501	+	13 nontestamentary estate planning document, an electronic
	502	+	14 signature satisfies the requirement.
	503	+	15 (755 ILCS 6/11-30 new)
	504	+	16 Sec. 11-30. Attribution and effect of electronic record
	505	+	17 and electronic signature.
	506	+	18 (a) An electronic nontestamentary estate planning document
	507	+	19 or electronic signature on an electronic nontestamentary
	508	+	20 estate planning document is attributable to a person if it was
	509	+	21 the act of the person. The act of the person may be shown in
	510	+	22 any manner, including by showing the efficacy of a security
	511	+	23 procedure applied to determine the person to which the
	512	+	24 electronic record or electronic signature was attributable.
	513	+	25 (b) The effect of attribution to a person under subsection
	514	+
	515	+
	516	+
	517	+
	518	+
	519	+	HB2269 Enrolled - 15 - LRB103 27863 LNS 54241 b
	520	+
	521	+
	522	+	HB2269 Enrolled- 16 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 16 - LRB103 27863 LNS 54241 b
	523	+	HB2269 Enrolled - 16 - LRB103 27863 LNS 54241 b
	524	+	1 (a) of a document or signature is determined from the context
	525	+	2 and surrounding circumstances at the time of its creation,
	526	+	3 execution, or adoption and as provided by other law.
	527	+	4 (755 ILCS 6/11-35 new)
	528	+	5 Sec. 11-35. Notarization and acknowledgment. If other law
	529	+	6 of this State or a will or the terms of a trust require or
	530	+	7 permit a signature or record to be notarized, acknowledged,
	531	+	8 verified, or made under oath, the requirement is satisfied
	532	+	9 with respect to an electronic nontestamentary estate planning
	533	+	10 document if an individual authorized to perform the
	534	+	11 notarization, acknowledgment, verification, or oath attaches
	535	+	12 or logically associates the individual's electronic signature
	536	+	13 on the document together with all other information required
	537	+	14 to be included under the other law.
	538	+	15 (755 ILCS 6/11-40 new)
	539	+	16 Sec. 11-40. Witnessing and attestation.
	540	+	17 (a) If other law of this State or a will or the terms of a
	541	+	18 trust base the validity of a nontestamentary estate planning
	542	+	19 document on whether it is signed, witnessed, or attested by
	543	+	20 another individual, the signature, witnessing, or attestation
	544	+	21 of that individual may be electronic.
	545	+	22 (b) As used in this subsection (b), "electronic presence"
	546	+	23 means that 2 or more individuals in different locations are
	547	+	24 able to communicate in real time to the same extent as if the
	548	+
	549	+
	550	+
	551	+
	552	+
	553	+	HB2269 Enrolled - 16 - LRB103 27863 LNS 54241 b
	554	+
	555	+
	556	+	HB2269 Enrolled- 17 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 17 - LRB103 27863 LNS 54241 b
	557	+	HB2269 Enrolled - 17 - LRB103 27863 LNS 54241 b
	558	+	1 individuals were physically present in the same location. If
	559	+	2 other law of this State bases the validity of a
	560	+	3 nontestamentary estate planning document on whether it is
	561	+	4 signed, witnessed, or attested by another individual in the
	562	+	5 presence of the individual signing the document, the presence
	563	+	6 requirement is satisfied if the individuals are in each
	564	+	7 other's electronic presence.
	565	+	8 (755 ILCS 6/11-45 new)
	566	+	9 Sec. 11-45. Retention of electronic record; original.
	567	+	10 (a) Except as provided in subsection (b), if other law of
	568	+	11 this State requires an electronic nontestamentary estate
	569	+	12 planning document to be retained, transmitted, copied, or
	570	+	13 filed, the requirement is satisfied by retaining,
	571	+	14 transmitting, copying, or filing an electronic record that:
	572	+	15 (1) accurately reflects the information in the
	573	+	16 document after it was first generated in final form as an
	574	+	17 electronic record or under Section 11-30; and
	575	+	18 (2) remains accessible to the extent required by the
	576	+	19 other law.
	577	+	20 (b) A requirement under subsection (a) to retain a record
	578	+	21 does not apply to information the sole purpose of which is to
	579	+	22 enable the record to be sent, communicated, or received.
	580	+	23 (c) A person may satisfy subsection (a) by using the
	581	+	24 services of another person.
	582	+	25 (d) If other law of this State requires a nontestamentary
	583	+
	584	+
	585	+
	586	+
	587	+
	588	+	HB2269 Enrolled - 17 - LRB103 27863 LNS 54241 b
	589	+
	590	+
	591	+	HB2269 Enrolled- 18 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 18 - LRB103 27863 LNS 54241 b
	592	+	HB2269 Enrolled - 18 - LRB103 27863 LNS 54241 b
	593	+	1 estate planning document to be presented or retained in its
	594	+	2 original form, or provides consequences if a nontestamentary
	595	+	3 estate planning document is not presented or retained in its
	596	+	4 original form, an electronic record retained in accordance
	597	+	5 with subsection (a) satisfies the other law.
	598	+	6 (e) This Section does not preclude a governmental agency
	599	+	7 from specifying requirements for the retention of a record
	600	+	8 subject to the agency's jurisdiction in addition to those in
	601	+	9 this Section. In this Section, "governmental agency" means an
	602	+	10 executive, legislative, or judicial agency, department, board,
	603	+	11 commission, authority, institution, or instrumentality of the
	604	+	12 federal government or of a state or of a county, municipality,
	605	+	13 or other political subdivision of a state.
	606	+	14 (755 ILCS 6/11-50 new)
	607	+	15 Sec. 11-50. Certification of paper copy. An individual may
	608	+	16 create a certified paper copy of an electronic nontestamentary
	609	+	17 estate planning document by affirming under penalty of perjury
	610	+	18 that the paper copy is a complete and accurate copy of the
	611	+	19 document.
	612	+	20 (755 ILCS 6/11-55 new)
	613	+	21 Sec. 11-55. Admissibility in evidence. Evidence relating
	614	+	22 to an electronic nontestamentary estate planning document or
	615	+	23 an electronic signature on the document may not be excluded in
	616	+	24 a proceeding solely because it is in electronic form.
	617	+
	618	+
	619	+
	620	+
	621	+
	622	+	HB2269 Enrolled - 18 - LRB103 27863 LNS 54241 b
	623	+
	624	+
	625	+	HB2269 Enrolled- 19 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 19 - LRB103 27863 LNS 54241 b
	626	+	HB2269 Enrolled - 19 - LRB103 27863 LNS 54241 b
	627	+	1 (755 ILCS 6/11-60 new)
	628	+	2 Sec. 11-60. Relation to the Electronic Signatures in
	629	+	3 Global and National Commerce Act. This Article modifies,
	630	+	4 limits, or supersedes the Electronic Signatures in Global and
	631	+	5 National Commerce Act, 15 U.S.C. Section 7001 et seq., but
	632	+	6 does not modify, limit, or supersede 15 U.S.C. Section 7001(c)
	633	+	7 or authorize electronic delivery of any of the notices
	634	+	8 described in 15 U.S.C. Section 7003(b).
	635	+	9 (755 ILCS 6/11-65 new)
	636	+	10 Sec. 11-65. Application. This Article applies to an
	637	+	11 electronic nontestamentary estate planning document created,
	638	+	12 signed, generated, sent, communicated, received, or stored
	639	+	13 before, on, or after the effective date of this amendatory Act
	640	+	14 of the 103rd General Assembly.
	641	+	15 (755 ILCS 6/11-70 new)
	642	+	16 Sec. 11-70. Severability. If a provision of this Article
	643	+	17 or its application to a person or circumstance is held
	644	+	18 invalid, the invalidity does not affect another provision or
	645	+	19 application that can be given effect without the invalid
	646	+	20 provision.
	647	+	21 Section 99. Effective date. This Act takes effect January
	648	+	22 1, 2024.
	649	+	HB2269 Enrolled- 20 -LRB103 27863 LNS 54241 b 1 INDEX 2 Statutes amended in order of appearance HB2269 Enrolled- 20 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 20 - LRB103 27863 LNS 54241 b 1 INDEX 2 Statutes amended in order of appearance
	650	+	HB2269 Enrolled- 20 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 20 - LRB103 27863 LNS 54241 b
	651	+	HB2269 Enrolled - 20 - LRB103 27863 LNS 54241 b
	652	+	1 INDEX
	653	+	2 Statutes amended in order of appearance
	654	+
	655	+
	656	+
	657	+
	658	+
	659	+	HB2269 Enrolled - 19 - LRB103 27863 LNS 54241 b
	660	+
	661	+
	662	+
	663	+	HB2269 Enrolled- 20 -LRB103 27863 LNS 54241 b HB2269 Enrolled - 20 - LRB103 27863 LNS 54241 b
	664	+	HB2269 Enrolled - 20 - LRB103 27863 LNS 54241 b
	665	+	1 INDEX
	666	+	2 Statutes amended in order of appearance
	667	+
	668	+
	669	+
	670	+
	671	+
	672	+	HB2269 Enrolled - 20 - LRB103 27863 LNS 54241 b