75-2-1405. Execution of an electronic will.
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Effective 8/31/2020
75-2-1405. Execution of an electronic will.
(1)Subject to Subsection 75-2-1408(4) and except as provided in Section 75-2-1406 , an electronic will shall be:
(a)a record that is readable as text at the time of signing under Subsection (1)(b) ;
(b)signed:
(i)by the testator; or
(ii)in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and
(c)signed in the physical or electronic presence of the testator by at least two individuals within a reasonable time after witnessing:
(i)the signing of the will under Subsection (1)(b) ; or
(ii)the testator's acknowledgment of the signing of the will under Subsection (1)(b) or the testator's acknowledgment of the will.
(2)Intent of a testator that the record under Subsection (1)(a) be the testator's electronic will may be established by extrinsic evidence.
Enacted by Chapter 1 , 2020 Special Session 6