755 ILCS 6/ Electronic Wills and Remote Witnesses Act.

(755 ILCS 6/Art. 10 heading) Article 10. Certified Paper Copies (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/10-5)

Sec. 10-5. Certified paper copy. Where a rule of law requires information to be presented or retained in its original form, or provides consequences for the information not being presented or retained in its original form, that rule of law is satisfied by a certified paper copy of the electronic record.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/10-10)

Sec. 10-10. Creation of a certified paper copy.

(a) A certified paper copy is a paper copy of an electronic record that has been certified by the person who converts the electronic record to a paper copy.

(b) The person certifying a paper copy shall state the following:

(1) the date that the person prepared the paper copy;

(2) the name of the person who prepared the paper copy;

(3) the date that the person who prepared the paper copy came into possession of the electronic record;

(4) a description of how the person who prepared the paper copy came into possession of the electronic record;

(5) confirmation that the paper copy is a complete and correct copy of the electronic record; and

(6) confirmation that the electronic record is a tamper-evident electronic record.

(c) The statements by a person who prepares a certified paper copy shall be made by:

(1) testimony before the court;

(2) a written statement certified under Section 1-109 of the Code of Civil Procedure attached to the paper copy; or

(3) an affidavit attached to the paper copy.

(d) A certified paper copy of a tamper-evident electronic record, other than an electronic will, may be created any time after the signer signs the electronic record under the Electronic Commerce Security Act.

(e) A certified paper copy of an electronic will may be created any time after the testator signs the electronic will or directs another person in the testator's presence to sign the electronic will.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/10-15)

Sec. 10-15. Witnessing a certified paper copy.

(a) A certified paper copy of an electronic record may be witnessed after it is prepared. The witness shall be in the signer's presence when the signer acknowledges the electronic signature as the signer's act.

(b) If an electronic will is not attested to by 2 or more credible witnesses, a certified paper copy of the electronic will may be attested to by witnesses in the testator's presence after the testator acknowledges the electronic signature as the testator's act.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/Art. 11 heading) Article 11. Electronic Nontestamentary Estate Planning Documents (Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-5)

Sec. 11-5. Construction. This Article shall be construed and applied to:

(1) facilitate electronic estate planning documents and signatures consistent with other law; and

(2) be consistent with reasonable practices concerning electronic documents and signatures and continued expansion of those practices.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-10)

Sec. 11-10. Scope.

(a) Except as provided in subsection (b), this Article applies to an electronic nontestamentary estate planning document and an electronic signature on a nontestamentary estate planning document.

(b) This Article does not apply to a nontestamentary estate planning document, will, or terms of a trust governing the document expressly preclude use of an electronic record or electronic signature.

(c) This Article does not affect the validity of an electronic record or electronic signature that is valid under:

(1) the Illinois Uniform Electronic Transactions Act;

(2) any other Section of this Act; or

(3) any other State law relating to nontestamentary estate planning documents.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-15)

Sec. 11-15. Principles of law and equity. The law of this State and principles of equity applicable to a nontestamentary estate planning document apply to an electronic nontestamentary estate planning document except as modified by this Article.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-20)

Sec. 11-20. Use of electronic record or signature not required.

(a) This Article does not require a nontestamentary estate planning document or signature on a nontestamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

(b) A person is not required to have a nontestamentary estate planning document in electronic form or signed electronically even if the person previously created or signed a nontestamentary estate planning document by electronic means.

(c) A person may not waive the provisions of this Section.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-25)

Sec. 11-25. Recognition of electronic nontestamentary estate planning document and electronic signature.

(a) A nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form.

(b) If other law of this State or a will or the terms of a trust governing the nontestamentary estate planning document require a nontestamentary estate planning document to be in writing, an electronic record of the document satisfies the requirement.

(c) If other law of this State requires a signature on a nontestamentary estate planning document, an electronic signature satisfies the requirement.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-30)

Sec. 11-30. Attribution and effect of electronic record and electronic signature.

(a) An electronic nontestamentary estate planning document or electronic signature on an electronic nontestamentary estate planning document is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including by showing the efficacy of a security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(b) The effect of attribution to a person under subsection (a) of a document or signature is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption and as provided by other law.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-35)

Sec. 11-35. Notarization and acknowledgment. If other law of this State or a will or the terms of a trust require or permit a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under the other law.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-40)

Sec. 11-40. Witnessing and attestation.

(a) If other law of this State or a will or the terms of a trust base the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic.

(b) As used in this subsection (b), "electronic presence" means that 2 or more individuals in different locations are able to communicate in real time to the same extent as if the individuals were physically present in the same location. If other law of this State bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement is satisfied if the individuals are in each other's electronic presence.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-45)

Sec. 11-45. Retention of electronic record; original.

(a) Except as provided in subsection (b), if other law of this State requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that:

(1) accurately reflects the information in the document after it was first generated in final form as an electronic record or under Section 11-30; and

(2) remains accessible to the extent required by the other law.

(b) A requirement under subsection (a) to retain a record does not apply to information the sole purpose of which is to enable the record to be sent, communicated, or received.

(c) A person may satisfy subsection (a) by using the services of another person.

(d) If other law of this State requires a nontestamentary estate planning document to be presented or retained in its original form, or provides consequences if a nontestamentary estate planning document is not presented or retained in its original form, an electronic record retained in accordance with subsection (a) satisfies the other law.

(e) This Section does not preclude a governmental agency from specifying requirements for the retention of a record subject to the agency's jurisdiction in addition to those in this Section. In this Section, "governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-50)

Sec. 11-50. Certification of paper copy. An individual may create a certified paper copy of an electronic nontestamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-55)

Sec. 11-55. Admissibility in evidence. Evidence relating to an electronic nontestamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because it is in electronic form.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-60)

Sec. 11-60. Relation to the Electronic Signatures in Global and National Commerce Act. This Article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. Section 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. Section 7003(b).

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-65)

Sec. 11-65. Application. This Article applies to an electronic nontestamentary estate planning document created, signed, generated, sent, communicated, received, or stored before, on, or after the effective date of this amendatory Act of the 103rd General Assembly.

(Source: P.A. 103-301, eff. 1-1-24.)

(755 ILCS 6/11-70)

Sec. 11-70. Severability. If a provision of this Article or its application to a person or circumstance is held invalid, the invalidity does not affect another provision or application that can be given effect without the invalid provision.

(Source: P.A. 103-301, eff. 1-1-24.)