102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 1/29/2021, by Sen. Rachelle Crowe
SYNOPSIS AS INTRODUCED:
Creates the Electronic Wills and Remote Witnesses Act. Provides that
an electronic will shall be executed by the testator or by some person in
the testator's presence and at the testator's direction, and attested to
in the testator's presence by 2 or more credible witnesses. Provides for
the revocation of an electronic will. Provides that an electronic will is a
digital asset and any person or business in possession of an electronic
will is a custodian. Provides for certified copies. Provides that a person
may witness any document, other than a will, using audio-video
communication between the individual's signing the document and the
witness. Provides for remote attestation for a will. Provides methods for
determining a signer's or testator's identity. Provides for the
verification of an electronic will when a petition to have an electronic
will admitted to probate is filed. Provides for: admission of a paper copy
of an electronic will; admission of a will attested to by a witness who is
physically present; admission of a will attested to by a remote witness;
and admission of a will signed under the Electronic Commerce Security Act.
Provides that nothing prohibits any party from introducing evidence of
fraud, forgery, compulsion, or other improper conduct which in the opinion
of the court is deemed sufficient to invalidate the will when being
admitted. Provides for: formal proof of a will with a remote witness;
formal proof of an electronic will; and formal proof of a will witnessed
under the Electronic Commerce Security Act. Makes corresponding changes in
the Electronic Commerce Security Act and the Probate Act of 1975.
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Electronic Wills and Remote Witnesses Act.
The purpose of this Act is to
provide for: (1) the valid execution, attestation,
self-proving, and probate of electronic wills, paper copies of
electronic wills, and wills attested to by witnesses through
audio-video communication; and (2) the valid execution,
attestation, and witnessing of documents, other than wills,
through audio-video communication.
Any document executed under
this Act is executed in this State; however, executing a
document under this Act does not automatically confer
jurisdiction in the courts of this State.
Relation to Probate Act of 1975 and common
All electronic wills, paper copies of electronic wills,
and wills attested to under this Act are subject to all