Old | New | Differences | |
---|---|---|---|
1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 177 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 177 | |
5 | - | (Senate Bill 36) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *sb0036* | |
8 | 9 | ||
9 | - | Wills and Trust Instruments – Electronic Execution | |
10 | + | SENATE BILL 36 | |
11 | + | N2 EMERGENCY BILL 2lr0768 | |
12 | + | (PRE–FILED) CF HB 576 | |
13 | + | By: Senator West | |
14 | + | Requested: October 15, 2021 | |
15 | + | Introduced and read first time: January 12, 2022 | |
16 | + | Assigned to: Judicial Proceedings | |
17 | + | Committee Report: Favorable | |
18 | + | Senate action: Adopted | |
19 | + | Read second time: February 17, 2022 | |
10 | 20 | ||
11 | - | FOR the purpose of authorizing a person to execute an electronic will or remotely witnessed | |
12 | - | will without a notary public if the supervising attorney creates a certified will that | |
13 | - | contains a certain form attached or annexed to the will; prohibiting a supervising | |
14 | - | attorney from being a witness to an electronic will or remotely witnessed will if the | |
15 | - | will is executed without a notary public; authorizing a notary public located in the | |
16 | - | State to perform a notarial act using communication technology for a remotely | |
17 | - | located individual for a trust instrument; and generally relating to electronically | |
18 | - | executed wills and trust instruments. | |
21 | + | CHAPTER ______ | |
19 | 22 | ||
20 | - | BY repealing and reenacting, with amendments, | |
21 | - | Article – Estates and Trusts | |
22 | - | Section 4–102 | |
23 | - | Annotated Code of Maryland | |
24 | - | (2017 Replacement Volume and 2021 Supplement) | |
23 | + | AN ACT concerning 1 | |
25 | 24 | ||
26 | - | BY repealing and reenacting, with amendments, | |
27 | - | Article – State Government | |
28 | - | Section 18–214(a) | |
29 | - | Annotated Code of Maryland | |
30 | - | (2021 Replacement Volume) | |
25 | + | Wills and Trust Instruments – Electronic Execution 2 | |
31 | 26 | ||
32 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
33 | - | That the Laws of Maryland read as follows: | |
27 | + | FOR the purpose of authorizing a person to execute an electronic will or remotely witnessed 3 | |
28 | + | will without a notary public if the supervising attorney creates a certified will that 4 | |
29 | + | contains a certain form attached or annexed to the will; prohibiting a supervising 5 | |
30 | + | attorney from being a witness to an electronic will or remotely witnessed will if the 6 | |
31 | + | will is executed without a notary public; authorizing a notary public located in the 7 | |
32 | + | State to perform a notarial act using communication technology for a remotely 8 | |
33 | + | located individual for a trust instrument; and generally relating to electronically 9 | |
34 | + | executed wills and trust instruments. 10 | |
34 | 35 | ||
35 | - | Article – Estates and Trusts | |
36 | + | BY repealing and reenacting, with amendments, 11 | |
37 | + | Article – Estates and Trusts 12 | |
38 | + | Section 4–102 13 | |
39 | + | Annotated Code of Maryland 14 | |
40 | + | (2017 Replacement Volume and 2021 Supplement) 15 | |
36 | 41 | ||
37 | - | 4–102. | |
42 | + | BY repealing and reenacting, with amendments, 16 | |
43 | + | Article – State Government 17 | |
44 | + | Section 18–214(a) 18 | |
45 | + | Annotated Code of Maryland 19 | |
46 | + | (2021 Replacement Volume) 20 | |
47 | + | 2 SENATE BILL 36 | |
38 | 48 | ||
39 | - | (a) Any person may make a will if the person is 18 years of age or older, and | |
40 | - | legally competent to make a will. | |
41 | 49 | ||
42 | - | | |
43 | - | ||
50 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
51 | + | That the Laws of Maryland read as follows: 2 | |
44 | 52 | ||
45 | - | ||
53 | + | Article – Estates and Trusts 3 | |
46 | 54 | ||
47 | - | (2) Signed by the testator, or by some other person for the testator, in the | |
48 | - | testator’s physical presence and by the testator’s express direction; and | |
49 | - | Ch. 177 2022 LAWS OF MARYLAND | |
55 | + | 4–102. 4 | |
50 | 56 | ||
51 | - | ||
52 | - | ||
57 | + | (a) Any person may make a will if the person is 18 years of age or older, and 5 | |
58 | + | legally competent to make a will. 6 | |
53 | 59 | ||
54 | - | (i) The physical presence of the testator; or | |
60 | + | (b) Except as provided in §§ 4–103 and 4–104 of this subtitle and subsection (f) of 7 | |
61 | + | this section, every will shall be: 8 | |
55 | 62 | ||
56 | - | (ii) The electronic presence of the testator, provided that an | |
57 | - | electronic will or remotely witnessed will satisfies the requirements under subsection (c) or | |
58 | - | (d) of this section. | |
63 | + | (1) In writing; 9 | |
59 | 64 | ||
60 | - | ( | |
61 | - | ||
65 | + | (2) Signed by the testator, or by some other person for the testator, in the 10 | |
66 | + | testator’s physical presence and by the testator’s express direction; and 11 | |
62 | 67 | ||
63 | - | (1) At the time the testator and witnesses sign the will, the testator and all | |
64 | - | witnesses shall be in the physical presence or electronic presence of one another and a | |
65 | - | supervising attorney, who may be one of the witnesses UNLESS THE WILL IS SIGNED, | |
66 | - | ACKNOWLEDGED , AND SWORN TO BEFORE THE SUPERVISING ATTORNEY AS | |
67 | - | DESCRIBED IN ITEM (5)(III)2 OF THIS SUBSECTION ; | |
68 | + | (3) Attested and signed by two or more credible witnesses in: 12 | |
68 | 69 | ||
69 | - | (2) At the time the testator signs the will, the testator shall be a resident | |
70 | - | of, or physically located in, the State; | |
70 | + | (i) The physical presence of the testator; or 13 | |
71 | 71 | ||
72 | - | (3) Each witness who is in the electronic presence of the testator when the | |
73 | - | witness attests and signs the will, or provides an electronic signature on the will, shall be | |
74 | - | a resident of the United States and be physically located in the United States at the time | |
75 | - | the witness attests and signs the will; | |
72 | + | (ii) The electronic presence of the testator, provided that an 14 | |
73 | + | electronic will or remotely witnessed will satisfies the requirements under subsection (c) or 15 | |
74 | + | (d) of this section. 16 | |
76 | 75 | ||
77 | - | ( | |
78 | - | ||
76 | + | (c) An electronic will or remotely witnessed will executed under this subsection 17 | |
77 | + | shall satisfy the following requirements: 18 | |
79 | 78 | ||
80 | - | (5) The supervising attorney shall create a certified will that shall include: | |
79 | + | (1) At the time the testator and witnesses sign the will, the testator and all 19 | |
80 | + | witnesses shall be in the physical presence or electronic presence of one another and a 20 | |
81 | + | supervising attorney, who may be one of the witnesses UNLESS THE WILL IS SIGNED, 21 | |
82 | + | ACKNOWLEDGED , AND SWORN TO BEFORE THE SUPERVISING ATTORNEY AS 22 | |
83 | + | DESCRIBED IN ITEM (5)(III)2 OF THIS SUBSECTION ; 23 | |
81 | 84 | ||
82 | - | (i) A true, complete, and accurate paper version of all pages of the | |
83 | - | will including the original signatures or electronic signatures of the testator and all | |
84 | - | witnesses; | |
85 | + | (2) At the time the testator signs the will, the testator shall be a resident 24 | |
86 | + | of, or physically located in, the State; 25 | |
85 | 87 | ||
86 | - | (ii) A signed original paper certification by the supervising attorney | |
87 | - | stating the date that the supervising attorney observed the testator and witnesses sign the | |
88 | - | will and that the supervising attorney took reasonable steps to verify: | |
88 | + | (3) Each witness who is in the electronic presence of the testator when the 26 | |
89 | + | witness attests and signs the will, or provides an electronic signature on the will, shall be 27 | |
90 | + | a resident of the United States and be physically located in the United States at the time 28 | |
91 | + | the witness attests and signs the will; 29 | |
89 | 92 | ||
90 | - | | |
91 | - | ||
93 | + | (4) The testator and witnesses shall sign the same will or any counterpart 30 | |
94 | + | thereof; and 31 | |
92 | 95 | ||
93 | - | 2. That the signatures contained in the certified will are the | |
94 | - | original signatures of each party signing the same paper will, or any counterpart thereof, | |
95 | - | and electronic signatures of each party signing the same electronic will, or any counterpart | |
96 | - | thereof; | |
97 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 177 | |
96 | + | (5) The supervising attorney shall create a certified will that shall include: 32 SENATE BILL 36 3 | |
98 | 97 | ||
99 | - | – 3 – | |
100 | - | 3. That the testator and each of the witnesses signed the | |
101 | - | same will or any counterpart thereof; | |
102 | 98 | ||
103 | - | 4. The identity of each witness and that each witness who | |
104 | - | was not in the physical presence of the testator when the witness attested and signed the | |
105 | - | will, or provided an electronic signature on the will, was a resident of the United States | |
106 | - | and physically located in the United States at the time that the witness attested and signed | |
107 | - | the will; and | |
108 | 99 | ||
109 | - | | |
110 | - | ||
111 | - | ||
100 | + | (i) A true, complete, and accurate paper version of all pages of the 1 | |
101 | + | will including the original signatures or electronic signatures of the testator and all 2 | |
102 | + | witnesses; 3 | |
112 | 103 | ||
113 | - | (iii) An acknowledgement of the testator and the affidavits of the | |
114 | - | attesting witnesses before [a]: | |
104 | + | (ii) A signed original paper certification by the supervising attorney 4 | |
105 | + | stating the date that the supervising attorney observed the testator and witnesses sign the 5 | |
106 | + | will and that the supervising attorney took reasonable steps to verify: 6 | |
115 | 107 | ||
116 | - | 1. | |
117 | - | ||
108 | + | 1. That the certified will includes a true, complete, and 7 | |
109 | + | accurate paper version of all pages of the will; 8 | |
118 | 110 | ||
119 | - | The State of Maryland. | |
120 | - | County of ____________. | |
121 | - | Before me, the undersigned [authority/attorney] NOTARY PUBLIC , on this day personally | |
122 | - | appeared ____________, ____________, and ____________, known to me to be the testator | |
123 | - | and the witnesses, respectively, whose names are signed to the attached or foregoing | |
124 | - | instrument and, all of these persons being by me duly sworn, ____________, the testator, | |
125 | - | declared to me and to the witnesses in my physical or electronic presence that the said | |
126 | - | instrument is the testator’s will, that the testator is of sound mind, and that the testator | |
127 | - | had willingly signed or willingly directed another to sign the will under no constraint or | |
128 | - | undue influence, and executed it in the physical or [remote] ELECTRONIC presence of the | |
129 | - | witnesses as a free and voluntary act for the purposes therein expressed, and that the | |
130 | - | witnesses, in the physical or electronic presence and at the request of the testator, signed | |
131 | - | the will as witnesses, and that to the best of the witnesses’ knowledge the testator was at | |
132 | - | least 18 years old, of sound mind, and under no constraint or undue influence. | |
111 | + | 2. That the signatures contained in the certified will are the 9 | |
112 | + | original signatures of each party signing the same paper will, or any counterpart thereof, 10 | |
113 | + | and electronic signatures of each party signing the same electronic will, or any counterpart 11 | |
114 | + | thereof; 12 | |
133 | 115 | ||
134 | - | ____________ Testator | |
116 | + | 3. That the testator and each of the witnesses signed the 13 | |
117 | + | same will or any counterpart thereof; 14 | |
135 | 118 | ||
136 | - | ____________ Witness | |
119 | + | 4. The identity of each witness and that each witness who 15 | |
120 | + | was not in the physical presence of the testator when the witness attested and signed the 16 | |
121 | + | will, or provided an electronic signature on the will, was a resident of the United States 17 | |
122 | + | and physically located in the United States at the time that the witness attested and signed 18 | |
123 | + | the will; and 19 | |
137 | 124 | ||
138 | - | ____________ Witness | |
125 | + | 5. The identity of the testator and that the testator was a 20 | |
126 | + | resident of, or was physically located in, the State at the time that the testator signed the 21 | |
127 | + | will; and 22 | |
139 | 128 | ||
140 | - | Subscribed, sworn and acknowledged before me by ____________, the testator, and | |
141 | - | subscribed and sworn to before me by ____________ and ___________, witnesses, this ______ | |
142 | - | day of _________, ____. | |
143 | - | __________ Seal ____________ Notary Public; OR | |
144 | - | Ch. 177 2022 LAWS OF MARYLAND | |
129 | + | (iii) An acknowledgement of the testator and the affidavits of the 23 | |
130 | + | attesting witnesses before [a]: 24 | |
145 | 131 | ||
146 | - | – 4 – | |
147 | - | 2. THE SUPERVISING ATTOR NEY, ATTACHED OR | |
148 | - | ANNEXED TO THE WILL , IN SUBSTANTIALLY THE FOLLOWING FORM AND CONT ENT: | |
132 | + | 1. A notary public, under seal, attached or annexed to the 25 | |
133 | + | will, in substantially the following form and content: 26 | |
149 | 134 | ||
150 | - | BEFORE ME , THE UNDERSIGNED SUPERVISING ATTORNEY, ON THIS DAY | |
151 | - | PERSONALLY APPEARED ____________, ____________, AND ____________, KNOWN TO | |
152 | - | ME TO BE THE TESTATO R AND THE WITNESSES , RESPECTIVELY , WHOSE NAMES ARE | |
153 | - | SIGNED TO THE ATTACH ED OR FOREGOING INSTRUM ENT, AND THE TESTATOR | |
154 | - | DECLARED TO ME AND T O THE WITNESSES IN M Y PHYSICAL OR ELECTR ONIC | |
155 | - | PRESENCE THAT THE SA ID INSTRUMENT IS THE TESTATOR’S WILL, THAT THE | |
156 | - | TESTATOR IS OF SOUND MIND, AND THAT THE TESTATO R HAD WILLINGLY SIGN ED OR | |
157 | - | WILLINGLY DIRECTED A NOTHER TO SIGN THE W ILL UNDER NO CONSTRA INT OR | |
158 | - | UNDUE INFLUENCE , AND EXECUTED IT IN T HE PHYSICAL OR ELECT RONIC PRESENCE | |
159 | - | OF THE WITNESSES AS A FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN | |
160 | - | EXPRESSED, AND THAT THE WITNESS ES, IN THE PHYSI CAL OR ELECTRONIC | |
161 | - | PRESENCE AND AT THE REQUEST OF THE TESTA TOR, SIGNED THE WILL AS | |
162 | - | WITNESSES, AND THAT TO THE BEST OF THE WITNESSES ’ KNOWLEDGE THE | |
163 | - | TESTATOR WAS AT LEAS T 18 YEARS OLD, OF SOUND MIND , AND UNDER NO | |
164 | - | CONSTRAINT OR UNDUE INFLUENCE. | |
135 | + | The State of Maryland. 27 | |
136 | + | County of ____________. 28 | |
137 | + | Before me, the undersigned [authority/attorney] NOTARY PUBLIC , on this day personally 29 | |
138 | + | appeared ____________, ____________, and ____________, known to me to be the testator 30 | |
139 | + | and the witnesses, respectively, whose names are signed to the attached or foregoing 31 | |
140 | + | instrument and, all of these persons being by me duly sworn, ____________, the testator, 32 | |
141 | + | declared to me and to the witnesses in my physical or electronic presence that the said 33 | |
142 | + | instrument is the testator’s will, that the testator is of sound mind, and that the testator 34 | |
143 | + | had willingly signed or willingly directed another to sign the will under no constraint or 35 | |
144 | + | undue influence, and executed it in the physical or [remote] ELECTRONIC presence of the 36 4 SENATE BILL 36 | |
165 | 145 | ||
166 | - | ____________ TESTATOR | |
167 | 146 | ||
168 | - | ____________ WITNESS | |
147 | + | witnesses as a free and voluntary act for the purposes therein expressed, and that the 1 | |
148 | + | witnesses, in the physical or electronic presence and at the request of the testator, signed 2 | |
149 | + | the will as witnesses, and that to the best of the witnesses’ knowledge the testator was at 3 | |
150 | + | least 18 years old, of sound mind, and under no constraint or undue influence. 4 | |
169 | 151 | ||
170 | - | ____________ | |
152 | + | ____________ Testator 5 | |
171 | 153 | ||
172 | - | SUBSCRIBED, SWORN AND ACKNOWLEDG ED BEFORE ME BY ____________, THE | |
173 | - | TESTATOR, AND SUBSCRIBED AND S WORN TO BEFORE ME BY ____________ AND | |
174 | - | ___________, WITNESSES, THIS ______ DAY OF _________, ____. | |
175 | - | ____________ SUPERVISING ATTORNEY . | |
154 | + | ____________ Witness 6 | |
176 | 155 | ||
177 | - | (d) An electronic will or remotely witnessed will executed under this subsection | |
178 | - | shall satisfy the following requirements: | |
156 | + | ____________ Witness 7 | |
179 | 157 | ||
180 | - | (1) At the time the testator and witnesses sign the will, the testator and all | |
181 | - | witnesses shall be in the physical presence or electronic presence of one another; | |
158 | + | Subscribed, sworn and acknowledged before me by ____________, the testator, and 8 | |
159 | + | subscribed and sworn to before me by ____________ and ___________, witnesses, this ______ 9 | |
160 | + | day of _________, ____. 10 | |
161 | + | __________ Seal ____________ Notary Public; OR 11 | |
182 | 162 | ||
183 | - | | |
184 | - | ||
163 | + | 2. THE SUPERVISING ATTOR NEY, ATTACHED OR 12 | |
164 | + | ANNEXED TO THE WILL , IN SUBSTANTIALLY THE FOLLOWING FORM AND CONT ENT: 13 | |
185 | 165 | ||
186 | - | (3) The testator shall create a certified will that shall include: | |
166 | + | BEFORE ME , THE UNDERSIGNED SUPERVISING ATTORNEY, ON THIS DAY 14 | |
167 | + | PERSONALLY APPEARED ____________, ____________, AND ____________, KNOWN TO 15 | |
168 | + | ME TO BE THE TESTATO R AND THE WITNESSES , RESPECTIVELY , WHOSE NAMES ARE 16 | |
169 | + | SIGNED TO THE ATTACH ED OR FOREGOING INSTRUM ENT, AND THE TESTATOR 17 | |
170 | + | DECLARED TO ME AND T O THE WITNESSES IN M Y PHYSICAL OR ELECTR ONIC 18 | |
171 | + | PRESENCE THAT THE SA ID INSTRUMENT IS THE TESTATOR’S WILL, THAT THE 19 | |
172 | + | TESTATOR IS OF SOUND MIND, AND THAT THE TESTATO R HAD WILLINGLY SIGN ED OR 20 | |
173 | + | WILLINGLY DIRECTED A NOTHER TO SIGN THE W ILL UNDER NO CONSTRA INT OR 21 | |
174 | + | UNDUE INFLUENCE , AND EXECUTED IT IN T HE PHYSICAL OR ELECT RONIC PRESENCE 22 | |
175 | + | OF THE WITNESSES AS A FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN 23 | |
176 | + | EXPRESSED, AND THAT THE WITNESS ES, IN THE PHYSI CAL OR ELECTRONIC 24 | |
177 | + | PRESENCE AND AT THE REQUEST OF THE TESTA TOR, SIGNED THE WILL AS 25 | |
178 | + | WITNESSES, AND THAT TO THE BEST OF THE WITNESSES ’ KNOWLEDGE THE 26 | |
179 | + | TESTATOR WAS AT LEAS T 18 YEARS OLD, OF SOUND MIND , AND UNDER NO 27 | |
180 | + | CONSTRAINT OR UNDUE INFLUENCE. 28 | |
187 | 181 | ||
188 | - | (i) A true, complete, and accurate paper version of all pages of the | |
189 | - | will including the original signatures or electronic signatures of the testator and all | |
190 | - | witnesses; and LAWRENCE J. HOGAN, JR., Governor Ch. 177 | |
182 | + | ____________ TESTATOR 29 | |
191 | 183 | ||
192 | - | ||
184 | + | ____________ WITNESS 30 | |
193 | 185 | ||
194 | - | (ii) An original paper certification signed and acknowledged by the | |
195 | - | testator in the physical presence or electronic presence of a notary public, who may not be | |
196 | - | one of the witnesses, stating: | |
186 | + | ____________ WITNESS 31 | |
197 | 187 | ||
198 | - | 1. The date that the testator and witnesses signed the will; | |
199 | - | and | |
188 | + | SUBSCRIBED, SWORN AND ACKNOWLEDG ED BEFORE ME BY ____________, THE 32 | |
189 | + | TESTATOR, AND SUBSCRIBED AND S WORN TO BEFORE ME BY ____________ AND 33 | |
190 | + | ___________, WITNESSES, THIS ______ DAY OF _________, ____. 34 SENATE BILL 36 5 | |
200 | 191 | ||
201 | - | 2. That the testator took reasonable steps to verify the same | |
202 | - | facts and information required under subsection (c)(5)(ii) of this section. | |
203 | 192 | ||
204 | - | (e) (1) Once the supervising attorney or testator creates a certified will as | |
205 | - | provided in subsection (c) or (d) of this section, the certified will shall be deemed to be the | |
206 | - | original will of the testator for all purposes under this article. | |
193 | + | ____________ SUPERVISING ATTORNEY . 1 | |
207 | 194 | ||
208 | - | ( | |
209 | - | ||
195 | + | (d) An electronic will or remotely witnessed will executed under this subsection 2 | |
196 | + | shall satisfy the following requirements: 3 | |
210 | 197 | ||
211 | - | (f) A will executed in conformance with the provisions of Executive Order | |
212 | - | 20.04.10.01, authorizing remote witnessing and electronic signing of certain documents, | |
213 | - | shall be deemed to have been signed and witnessed in conformity with this section if the | |
214 | - | will was signed and witnessed during the time that the executive order was in effect. | |
198 | + | (1) At the time the testator and witnesses sign the will, the testator and all 4 | |
199 | + | witnesses shall be in the physical presence or electronic presence of one another; 5 | |
215 | 200 | ||
216 | - | Article – State Government | |
201 | + | (2) The requirements under subsection (c)(2) through (4) of this section 6 | |
202 | + | shall be satisfied; and 7 | |
217 | 203 | ||
218 | - | ||
204 | + | (3) The testator shall create a certified will that shall include: 8 | |
219 | 205 | ||
220 | - | (a) [Except for a notarial act being performed with respect to a will, as defined in | |
221 | - | § 1–101 of the Estates and Trusts Article, or a trust instrument, as defined in § 14.5–103 | |
222 | - | of the Estates and Trusts Article, a] A notary public located in this State may perform a | |
223 | - | notarial act using communication technology for a remotely located individual if: | |
206 | + | (i) A true, complete, and accurate paper version of all pages of the 9 | |
207 | + | will including the original signatures or electronic signatures of the testator and all 10 | |
208 | + | witnesses; and 11 | |
224 | 209 | ||
225 | - | (1) the notary public: | |
210 | + | (ii) An original paper certification signed and acknowledged by the 12 | |
211 | + | testator in the physical presence or electronic presence of a notary public, who may not be 13 | |
212 | + | one of the witnesses, stating: 14 | |
226 | 213 | ||
227 | - | | |
228 | - | ||
214 | + | 1. The date that the testator and witnesses signed the will; 15 | |
215 | + | and 16 | |
229 | 216 | ||
230 | - | (ii) has satisfactory evidence of the identity of the remotely located | |
231 | - | individual by verification on oath or affirmation from a credible witness appearing before | |
232 | - | and identified by the notary public under § 18–206(b) of this subtitle or as a remotely | |
233 | - | located individual under this section; or | |
217 | + | 2. That the testator took reasonable steps to verify the same 17 | |
218 | + | facts and information required under subsection (c)(5)(ii) of this section. 18 | |
234 | 219 | ||
235 | - | ( | |
236 | - | ||
237 | - | ||
220 | + | (e) (1) Once the supervising attorney or testator creates a certified will as 19 | |
221 | + | provided in subsection (c) or (d) of this section, the certified will shall be deemed to be the 20 | |
222 | + | original will of the testator for all purposes under this article. 21 | |
238 | 223 | ||
239 | - | – 6 – | |
240 | - | 1. remote presentation of an identification credential | |
241 | - | described in § 18–206(b) of this subtitle; | |
224 | + | (2) The date of execution for a certified will described under paragraph (1) 22 | |
225 | + | of this subsection shall be the date of execution stated in the certified will. 23 | |
242 | 226 | ||
243 | - | 2. credential analysis of the identification credential; and | |
227 | + | (f) A will executed in conformance with the provisions of Executive Order 24 | |
228 | + | 20.04.10.01, authorizing remote witnessing and electronic signing of certain documents, 25 | |
229 | + | shall be deemed to have been signed and witnessed in conformity with this section if the 26 | |
230 | + | will was signed and witnessed during the time that the executive order was in effect. 27 | |
244 | 231 | ||
245 | - | ||
232 | + | Article – State Government 28 | |
246 | 233 | ||
247 | - | (2) the notary public is reasonably able to confirm that a record before the | |
248 | - | notary public is the same record in which the remotely located individual made a statement | |
249 | - | or on which the individual executed a signature; | |
234 | + | 18–214. 29 | |
250 | 235 | ||
251 | - | (3) the notary public, or person acting on behalf and at the direction of the | |
252 | - | notary public, creates an audio–visual recording of the performance of the notarial act; and | |
236 | + | (a) [Except for a notarial act being performed with respect to a will, as defined in 30 | |
237 | + | § 1–101 of the Estates and Trusts Article, or a trust instrument, as defined in § 14.5–103 31 | |
238 | + | of the Estates and Trusts Article, a] A notary public located in this State may perform a 32 | |
239 | + | notarial act using communication technology for a remotely located individual if: 33 6 SENATE BILL 36 | |
253 | 240 | ||
254 | - | (4) for a remotely located individual located outside the United States: | |
255 | 241 | ||
256 | - | (i) the record: | |
257 | 242 | ||
258 | - | 1. is to be filed with or relates to a matter before a public | |
259 | - | official or court, governmental entity, or other entity subject to the jurisdiction of the United | |
260 | - | States; or | |
243 | + | (1) the notary public: 1 | |
261 | 244 | ||
262 | - | 2. involves property located in the territorial jurisdiction of | |
263 | - | the United States or involves a transaction substantially connected with the United States; | |
264 | - | and | |
245 | + | (i) has personal knowledge under § 18–206(a) of this subtitle of the 2 | |
246 | + | identity of the remotely located individual; 3 | |
265 | 247 | ||
266 | - | (ii) the notary public has no actual knowledge that the act of making | |
267 | - | the statement or signing the record is prohibited by the foreign state in which the remotely | |
268 | - | located individual is located. | |
248 | + | (ii) has satisfactory evidence of the identity of the remotely located 4 | |
249 | + | individual by verification on oath or affirmation from a credible witness appearing before 5 | |
250 | + | and identified by the notary public under § 18–206(b) of this subtitle or as a remotely 6 | |
251 | + | located individual under this section; or 7 | |
269 | 252 | ||
270 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency | |
271 | - | measure, is necessary for the immediate preservation of the public health or safety, has | |
272 | - | been passed by a yea and nay vote supported by three–fifths of all the members elected to | |
273 | - | each of the two Houses of the General Assembly, and shall take effect from the date it is | |
274 | - | enacted. | |
253 | + | (iii) has obtained satisfactory evidence of the identity of the remotely 8 | |
254 | + | located individual by: 9 | |
275 | 255 | ||
276 | - | Approved by the Governor, April 21, 2022. | |
256 | + | 1. remote presentation of an identification credential 10 | |
257 | + | described in § 18–206(b) of this subtitle; 11 | |
258 | + | ||
259 | + | 2. credential analysis of the identification credential; and 12 | |
260 | + | ||
261 | + | 3. identity proofing of the individual; 13 | |
262 | + | ||
263 | + | (2) the notary public is reasonably able to confirm that a record before the 14 | |
264 | + | notary public is the same record in which the remotely located individual made a statement 15 | |
265 | + | or on which the individual executed a signature; 16 | |
266 | + | ||
267 | + | (3) the notary public, or person acting on behalf and at the direction of the 17 | |
268 | + | notary public, creates an audio–visual recording of the performance of the notarial act; and 18 | |
269 | + | ||
270 | + | (4) for a remotely located individual located outside the United States: 19 | |
271 | + | ||
272 | + | (i) the record: 20 | |
273 | + | ||
274 | + | 1. is to be filed with or relates to a matter before a public 21 | |
275 | + | official or court, governmental entity, or other entity subject to the jurisdiction of the United 22 | |
276 | + | States; or 23 | |
277 | + | ||
278 | + | 2. involves property located in the territorial jurisdiction of 24 | |
279 | + | the United States or involves a transaction substantially connected with the United States; 25 | |
280 | + | and 26 | |
281 | + | ||
282 | + | (ii) the notary public has no actual knowledge that the act of making 27 | |
283 | + | the statement or signing the record is prohibited by the foreign state in which the remotely 28 | |
284 | + | located individual is located. 29 | |
285 | + | ||
286 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 30 | |
287 | + | measure, is necessary for the immediate preservation of the public health or safety, has 31 | |
288 | + | been passed by a yea and nay vote supported by three–fifths of all the members elected to 32 SENATE BILL 36 7 | |
289 | + | ||
290 | + | ||
291 | + | each of the two Houses of the General Assembly, and shall take effect from the date it is 1 | |
292 | + | enacted. 2 | |
293 | + | ||
294 | + | ||
295 | + | ||
296 | + | Approved: | |
297 | + | ________________________________________________________________________________ | |
298 | + | Governor. | |
299 | + | ________________________________________________________________________________ | |
300 | + | President of the Senate. | |
301 | + | ________________________________________________________________________________ | |
302 | + | Speaker of the House of Delegates. |