755 ILCS 6/ Electronic Wills and Remote Witnesses Act.

(755 ILCS 6/Art. 1 heading) Article 1. General Provisions (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/1-1)

Sec. 1-1. Short title. This Act may be cited as the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act.

(Source: P.A. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)

(755 ILCS 6/1-5)

Sec. 1-5. Purpose. 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;

(2) the valid execution of electronic nontestamentary estate planning documents and validation of electronic signatures on nontestamentary estate planning documents; and

(3) the valid execution, attestation, and witnessing of documents, other than wills, through audio-video communication.

(Source: P.A. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)

(755 ILCS 6/1-10)

Sec. 1-10. Applicability. 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.

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

(755 ILCS 6/1-15)

Sec. 1-15. Relation to Probate Act of 1975, other statutes, and common law. All electronic wills, paper copies of electronic wills, and wills attested to under this Act are subject to all requirements of the Probate Act of 1975 and the common law, but to the extent the common law or any provision of the Probate Act of 1975 conflicts with or is modified by this Act, the requirements of this Act control. Nontestamentary estate planning documents executed in accordance with this Act are subject to all requirements of the various statutes applicable thereto, but to the extent the common law or any statute conflicts with or is modified by this Act, the requirements of this Act control.

(Source: P.A. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)

(755 ILCS 6/1-20)

Sec. 1-20. Definitions. As used in this Act:

"Audio-video communication" means communication by which a person can hear, see, and communicate with another person in real time using electronic means. A person's visual or hearing impairment does not prohibit or limit that person's use of audio-visual communication under this Act.

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.

"Electronic signature" means a signature in electronic form that uses a security procedure under the Electronic Commerce Security Act and attached to or logically associated with an electronic record.

"Electronic will" is a will that is created and maintained as a tamper-evident electronic record.

"Identity proofing" means a process or service through which a third person affirms the identity of an individual through a review of personal information from public and proprietary data sources, including: (1) by means of dynamic knowledge-based authentication, including a review of personal information from public or proprietary data sources; or (2) by means of an analysis of biometric data, including, but not limited to, facial recognition, voiceprint analysis, or fingerprint analysis.

"Information" includes data, text, images, codes, computer programs, software, and databases.

"Nontestamentary estate planning document" means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. "Nontestamentary estate planning document" includes a record readable as text at the time of signing that creates, exercises, modifies, releases, or revokes: (1) a trust instrument; (2) a trust power that under the terms of the trust requires a signed record, such as a power to appoint, remove, or designate a trustee or other fiduciary or powerholder, a power to direct a trustee, a power to modify or amend, a power to withdraw assets, a power to decant, a power to waive notice, or any other power granted under this Act, any other statute, the terms of a trust, or any rule of law possessed by a trustee, a grantor, a beneficiary, or a third party; (3) a certification of a trust under Section 1013 of the Illinois Trust Code; (4) a power of attorney that is durable under Article II of the Illinois Power of Attorney Act; (5) an agent's certification under Section 2-8 of the Illinois Power of Attorney Act of the validity of a power of attorney and the agent's authority; (6) a power of appointment; (7) an advance directive, including a health care power of attorney, directive to physicians, natural death statement, living will, and medical or physician order for life-sustaining treatment; (8) a record directing the disposition of an individual's body after death; (9) a nomination of a guardian for the signing individual, including a short-term, temporary, or standby guardian; (10) a nomination of a guardian for a minor child or disabled adult child, including a short-term, temporary, or standby guardian; (11) a supported decision-making agreement under the Supported Decision-Making Agreement Act; (12) a mental health treatment declaration; (13) a community property survivorship agreement; (14) a disclaimer under Section 2-7 of the Probate Act of 1975; and (15) any other record intended to carry out an individual's intent regarding property or health care while incapacitated or on death. "Nontestamentary estate planning document" does not include a deed of real property or a certificate of title for a vehicle, watercraft, or aircraft.

"Paper copy" means a tamper-evident electronic record that is printed and contains the following: (1) the text of the document; (2) the electronic signature of the signer; (3) a readable copy of the evidence of any changes displayed in the electronic record; and (4) any exhibits, attestation clauses, affidavits, or other items forming a part of the document or contained in the electronic record.

"Paper document" means a document that is written or printed on paper.

"Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.

"Physical presence" means being in the same physical location as another person and close enough to see and know the other person is signing a document.

"Power of attorney" means a record that grants authority to an agent to act in place of the principal, even if the term is not used in the record.

"Presence" includes: (1) physical presence; or (2) being in a different physical location from another person, but able, using audio-video communication, to know the person is signing a document in real time.

"Record" means information: (1) inscribed on a tangible medium; or (2) stored in an electronic or other medium and retrievable in a perceivable form.

"Remote witness" means a person attesting to a document who is in the presence of the signer or testator through audio-video communication.

"Rule of law" means any statute, ordinance, common law rule, court decision, or other rule of law enacted, established, or promulgated by this State or any agency, commission, department, court, other authority, or political subdivision of this State.

"Security procedure" means a procedure to verify that an electronic signature, record, or performance is that of a specific person or to detect a change or error in an electronic record. "Security procedure" includes a procedure that uses an algorithm, code, identifying word or number, encryption, or callback or other acknowledgment procedure.

"Settlor" means a person, including a testator, that creates or contributes property to a trust.

"Signature" includes an electronic signature and an ink signature.

"Sign" means, with present intent to authenticate or adopt a record, to: (1) execute or adopt a tangible symbol; or (2) attach to or logically associate with the record an electronic signature.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or other territory or possession subject to the jurisdiction of the United States. "State" includes a federally recognized Indian tribe.

"Tamper-evident" means a feature of an electronic record by which any change to the electronic record is displayed.

"Terms of trust" means: (1) the manifestation of the settlor's intent regarding a trust's provisions as (i) expressed in the trust instrument or (ii) established by other evidence that would be admissible in a judicial proceeding; or (2) the trust's provisions as established, determined, or amended by (i) a trustee or other person in accordance with applicable law, (ii) a court order, or (iii) a nonjudicial settlement agreement under Section 111 of the Illinois Trust Code.

"Trust instrument" means an instrument executed by the settlor that contains terms of the trust, including any amendments.

"Will" includes a codicil and a testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

(Source: P.A. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)

(755 ILCS 6/Art. 5 heading) Article 5. Electronic Wills (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/5-5)

Sec. 5-5. Signing electronic wills.

(a) To be valid under this Act, 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.

(b) The testator may sign the electronic will with the testator's electronic signature or may direct another person in the presence of the testator to sign the electronic will. A person signing at the testator's direction shall not be an attesting witness, a person receiving a beneficial legacy or interest under the will, or the spouse or child of a person receiving a beneficial legacy or interest under the will.

(c) Each witness shall sign the electronic will with an electronic signature in the presence of the testator after seeing the testator sign, seeing the testator direct another person in the testator's presence to sign, or seeing the testator acknowledge the signature as the testator's act.

(d) If the will is attested to by a remote witness, the requirements for an attestation by a remote witness under Section 15-10 also apply.

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

(755 ILCS 6/5-10)

Sec. 5-10. Revocation.

(a) An electronic will may be revoked in the following ways:

(1) execution of a later will declaring the revocation;

(2) execution of a later will to the extent that it is inconsistent with the prior will; or

(3) execution of a written instrument by the testator declaring the revocation.

(b) If there is evidence that a testator signed an electronic will and neither an electronic will nor a certified paper copy of the electronic will can be located after a testator's death, there is a presumption that the testator revoked the electronic will even if no instrument or later will revoking the electronic will can be located.

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

(755 ILCS 6/5-15)

Sec. 5-15. Digital assets and electronic commerce.

(a) At any time during the administration of the estate without further notice or, if there is no grant of administration, upon such notice and in such a manner as the court directs, the court may issue an order under the Revised Uniform Fiduciary Access to Digital Assets Act (2015) for a custodian of an account held under a terms-of-service agreement to disclose digital assets for the purposes of obtaining an electronic will from a deceased user's account. If there is no grant of administration at the time the court issues the order, the court's order shall grant disclosure to the petitioner who is deemed a personal representative under the Revised Uniform Fiduciary Access to Digital Assets Act (2015).

(b) Except as specified in this Act, the Electronic Commerce Security Act does not apply to the execution or revocation of an electronic will.

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

(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.)

(755 ILCS 6/Art. 15 heading) Article 15. Remote Witnesses (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/15-5)

Sec. 15-5. Remote witness for document other than a will.

(a) A person may witness any document, other than a will, using audio-video communication between the individual signing the document and the witness. The signatures may be contained in a single document or the document may be signed in counterparts. The counterparts of a document may be electronic records, paper copies, or any combination thereof.

(b) During the audio-video communication:

(1) the witness shall determine the identity of the signer;

(2) the signer of the document shall sign the document; if the document is an electronic record, it shall be a tamper-evident electronic record; and

(3) the witness shall sign the document previously signed or acknowledged by the signer, or if signed in counterparts, a separate witness's signature page of the document.

(c) If the witness is signing a document in counterparts, then the witness's signed signature page or a copy of the same shall be attached to the document within 10 business days of the signing and before the signer's death or incapacity. The document becomes effective when the witness's signed signature page or a copy of the same is attached to the document.

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

(755 ILCS 6/15-10)

Sec. 15-10. Remote attestation for will.

(a) To be valid under this Act, a will attested to through audio-video communication shall designate this State as its place of execution, be signed by the testator or by some person at the testator's direction and in the testator's presence, and be attested to in the presence of the testator by 2 or more credible witnesses who are located in the United States at the time of the attestation.

(b) The will being attested to by audio-video communication may be an electronic will, a paper copy of an electronic will, or a paper document. An electronic will being attested to shall be a single document containing all the signature pages, attestation clauses, and affidavits forming a part of the will. A will that is a paper copy of an electronic will or a paper document may have separate signature pages, attestation clauses, or affidavits that are electronic records or paper documents. Separate signature pages, attestation clauses, or affidavits may be distributed to the witness before the audio-video communication.

(c) The testator shall sign the will or direct a person in the testator's presence to sign. A person signing at the testator's direction shall not be an attesting witness, a person receiving a beneficial legacy or interest under the will, or the spouse or child of a person receiving a beneficial legacy or interest under the will.

(d) During an audio-video communication:

(1) the witness shall determine the testator's identity;

(2) the testator shall sign the will, direct another person in the testator's presence to sign the will, or acknowledge the signature as the testator's act; and

(3) the witness shall attest to the will in the testator's presence.

(e) If the will consists of separate signature pages, attestation clauses, or affidavits forming a part of the will, the testator or a person appointed by the testator shall attach the witness's signed signature page, attestation clause, or affidavit forming a part of the will or a copy of the same to the paper document containing the testator's signature or a paper copy of the electronic will within 10 business days of the attestation.

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

(755 ILCS 6/15-15)

Sec. 15-15. Determining a signer's or testator's identity. A witness shall determine a signer's or testator's identity by one or more of the following methods:

(1) personal knowledge;

(2) a government-issued identification;

(3) another form of identification that includes a photograph of the holder; or

(4) identity proofing.

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

(755 ILCS 6/15-20)

Sec. 15-20. Remote witnessing and notarization during the COVID-19 emergency declaration.

(a) The purpose of this Section is to give statutory approval to the notary and witness guidelines provided in Executive Order 2020-14.

(b) Notwithstanding any provision of law or rule, effective March 26, 2020 and ending 30 days after the expiration of the Governor's emergency declaration regarding COVID-19, a notarial act or an act of witnessing, including when a person must "appear before", act "in the presence of", or any variation thereof, may be performed through means of 2-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness, and the notary public.

(c) A notarial act satisfies the "appearing before" requirement under Section 6-102 of the Illinois Notary Public Act if the notary public performs a remote notarization via 2-way audio-video communication technology, if the notary public commissioned in this State is physically within the State while performing the notarial act and the transaction follows any guidance or rules provided by the Secretary of State in existence on the date of notarization.

(d) An act of witnessing and the technology used in the audio-video communication shall substantially comply with the following process:

(1) the 2-way audio-video communication shall be recorded and preserved by the signatory or the signatory's designee for a period of at least 3 years;

(2) the signatory shall attest to being physically located in the State during the 2-way audio-video communication;

(3) the witness shall attest to being physically located in the State during the 2-way audio-video communication;

(4) the signatory shall affirmatively state on the 2-way audio-video communication what document the signatory is signing;

(5) each page of the document being witnessed shall be shown to the witness on the 2-way audio-video communication technology in a means clearly legible to the witness;

(6) the act of signing shall be captured sufficiently up close on the 2-way audio-video communication for the witness to observe;

(7) the signatory shall transmit by overnight mail, fax, electronic, or other means a legible copy of the entire signed document directly to the witness no later than the day after the document is signed;

(8) the witness shall sign the transmitted copy of the document as a witness and transmit the signed copy of the document back via overnight mail, fax, electronic, or other means to the signatory within 24 hours of receipt; and

(9) if necessary, the witness may sign the original signed document as of the date of the original execution by the signatory if the witness receives the original signed document together with the electronically witnessed copy within 30 days from the date of the remote witnessing.

(e) The prohibition on electronic signatures on certain documents in subsection (c) of Section 120 of the Electronic Commerce Security Act remains in full effect.

(f) Notwithstanding any law or rule of this State to the contrary, absent an express prohibition in a document against signing in counterparts, all legal documents, including, but not limited to, deeds, last wills and testaments, trusts, durable powers of attorney for property, and powers of attorney for health care, may be signed in counterparts by the witnesses and the signatory. A notary public shall be presented with a fax or electronic copy of the document signature pages showing the witness signatures on the same date the document is signed by the signatory if the notary public is being asked to certify to the appearance of the witnesses to a document.

(g) Any technology issues that may occur do not impact the validity or effect of any instrument or document signed under this Section. As used in this Section, "technology issues" include, but are not limited to, problems with the Internet connection, user error related to the use of technology, the file containing a recorded act becoming corrupted, or other temporary malfunctions involving the technology used in an act of witnessing or a notarial act.

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

(755 ILCS 6/Art. 20 heading) Article 20. Admission of Wills to Probate (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/20-10)

Sec. 20-10. Admission of paper copy of electronic will. Before being admitted to probate, a paper copy of an electronic will shall be:

(1) certified under Section 10-10; or

(2) supported by sufficient evidence to overcome the presumption under subsection (b) of Section 5-10 that the testator revoked the electronic will.

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

(755 ILCS 6/20-15)

Sec. 20-15. Admission of wills attested to by witnesses who are physically present. An electronic will or paper copy of an electronic will attested to by witnesses who are all in the testator's physical presence at the time of attestation shall be sufficiently proved under Section 6-4 of the Probate Act of 1975 to be admitted to probate.

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

(755 ILCS 6/20-20)

Sec. 20-20. Admission of wills attested to by a remote witness.

(a) A will, other than a will signed under Section 15-20, attested to by one or more remote witnesses is sufficiently proved to be admitted to probate when each of at least 2 of the attesting witnesses make the statements described in subsection (b), and if the testator appointed a person to attach any separate signature pages, attestation clauses, or affidavits forming a part of a paper copy of an electronic will or paper document, each appointed person, other than the testator, makes the statements described in subsection (d).

(b) Each attesting witness shall state that:

(1) the attesting witness was present and saw the testator or some person in the testator's presence and by the testator's direction sign the will in the presence of the witness or the testator acknowledged it to the witness as the testator's act;

(2) the will was attested to by the witness in the presence of the testator;

(3) the witness believed the testator to be of sound mind and memory at the time of signing or acknowledging the will; and

(4) if the attesting witness is a remote witness, the method used to determine the testator's identity.

(c) The statements of an attesting witness under subsection (b) may be made by:

(1) testimony before the court;

(2) an attestation clause signed by the witness and attached to the will within 10 business days of the execution;

(3) an affidavit that is signed by the witness at the time of attestation and is attached to the will within 10 business days; or

(4) an affidavit that is signed after the time of attestation and is attached to an accurate copy of the will.

(d) Any person appointed by the testator to attach to the will the witnesses' signed signature pages, attestation clauses, or affidavits forming a part of the will or copies of the same shall state:

(1) that the signed signature pages, attestation clauses, or affidavits forming a part of the will or copies of the same were attached within 10 business days of each witness's attestation;

(2) that the person attached the signed signature pages, attestation clauses, or affidavits forming a part of the will or copies of the same to the testator's complete and correct will; and

(3) if the signed signature pages, attestation clauses, or affidavits forming a part of the will were signed as electronic records, the statements required to certify the paper copies of the electronic records under Section 10-10.

(e) The statements under subsection (d) by any person, other than the testator, attaching the attesting witnesses signature pages, attestation clauses, affidavits, or copies of the same may be made by:

(1) testimony before the court;

(2) a written statement certified under Section 1-109 of the Code of Civil Procedure that is signed and attached to the will when attaching the signature pages, attestation clauses, affidavits of the witnesses, or copies of the same; or

(3) an affidavit signed at or after the time of attaching the signature pages, attestation clauses, affidavits of the witnesses, or copies of the same and attached to the will or an accurate copy of the will.

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

(755 ILCS 6/20-25)

Sec. 20-25. Admission of a will signed during the COVID-19 emergency declaration. A will attested to by a remote witness under Section 15-20 is sufficiently proved to be admitted to probate when each of at least 2 attesting witnesses:

(1) sign an attestation clause or affidavit substantially complying with the statements required under subsection (a) of Section 6-4 of the Probate Act of 1975 within 48 hours of the act of witnessing, and the attestation clause, affidavit, or a copy of the same is attached to the will signed by the testator or an accurate copy of the will;

(2) sign an attestation clause or affidavit at or after the act of witnessing that is attached to the will or an accurate copy of the will stating the testator and remote witness to the will substantially complied with Section 15-20 and the remote witness believed the testator to be of sound mind and memory at the time of the signing; or

(3) testify in court that the testator and remote witness substantially complied with Section 15-20 and that the remote witness believed the testator to be of sound mind and memory at the time of the signing.

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

(755 ILCS 6/20-30)

Sec. 20-30. Evidence of fraud, forgery, compulsion, or other improper conduct. Nothing in this Article prohibits any party from introducing evidence of fraud, forgery, compulsion, or other improper conduct that in the opinion of the court is deemed sufficient to invalidate the will when being admitted. The proponent may also introduce any other evidence competent to establish the validity of a will. If the proponent establishes the validity of the will by sufficient competent evidence, it shall be admitted to probate unless there is proof of fraud, forgery, compulsion, or other improper conduct that in the opinion of the court is deemed sufficient to invalidate the will.

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

(755 ILCS 6/20-35)

Sec. 20-35. Formal proof of will with remote witness under Section 20-20. If a will has been admitted to probate under Section 20-20 before notice, any person entitled to notice under Section 6-10 of the Probate Act of 1975 may file a petition within 42 days after the effective date of the original order admitting the will to probate to require proof of the will, pursuant to this Section. The court shall set the matter for hearing upon such notice to interested persons as the court directs. At the hearing, the proponent shall establish the will by testimony of the relevant parties as provided in paragraph (1) of subsection (c) of Section 10-10, paragraph (1) of subsection (c) of Section 20-20, or paragraph (1) of subsection (e) of Section 20-20 or deposition of the relevant parties following the procedures in Section 6-5 of the Probate Act of 1975 or other evidence as provided in the Probate Act of 1975, but not as provided by paragraph (2) or (3) of subsection (c) of Section 10-10, paragraph (2) or (3) of subsection (c) of Section 20-20, or paragraph (2) or (3) of subsection (e) of Section 20-20, as if the will had not originally been admitted to probate. If the proponent establishes the will by sufficient competent evidence, the original order admitting it to probate and the original order appointing the representative shall be confirmed and effective as to all persons, including creditors, as of the dates of their entries, unless there is proof of fraud, forgery, compulsion, or other improper conduct that in the opinion of the court is sufficient to invalidate or destroy the will. The time for filing a petition to contest a will under Section 8-1 of the Probate Act of 1975 is not extended by the filing of the petition under this Section if the order admitting the will to probate is confirmed, but if that order is vacated, the time for filing the petition under Section 8-2 of the Probate Act of 1975 runs from the date of vacation of the order admitting the will to probate.

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

(755 ILCS 6/20-40)

Sec. 20-40. Formal proof of an electronic will. If a petition is filed for proof of an electronic will under Section 6-21 of the Probate Act of 1975 or Section 20-35 of this Act, the Court shall determine whether the electronic will is a tamper-evident electronic record and has not been altered apart from the electronic signatures and other information that arises in the normal course of communication, storage, and display.

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

(755 ILCS 6/20-45)

Sec. 20-45. Formal proof of will witnessed during the COVID-19 emergency declaration. Testimony or other evidence at a hearing for formal proof of a will under Section 6-21 of the Probate of 1975 by a remote witness who witnessed the will under Section 15-20 shall establish the testator and remote witness substantially complied with the requirements of Section 15-20 and the remote witness believed the testator to be of sound mind and memory at the time of the signing. Formal proof of a will signed under Section 15-20 does not require testimony or other evidence that the remote witness attested to the will in the presence of the testator. Testimony by the remote witness that conflicts with a statement in the attestation clause or affidavit that the remote witness attested to the will in the presence of the testator does not affect proof of the will or the credibility of the remote witness.

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

(755 ILCS 6/20-5)

Sec. 20-5. Electronic will. In addition to the requirements of Section 6-2 of the Probate Act of 1975, the petitioner shall state in the petition to have an electronic will admitted to probate that the electronic will is a tamper-evident electronic record and it has not been altered apart from the electronic signatures and other information that arises in the normal course of communication, storage, and display.

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

(755 ILCS 6/Art. 95 heading) Article 95. Amendatory Provisions (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/95-5)

Sec. 95-5. (Amendatory provisions; text omitted).

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

(755 ILCS 6/95-10)

Sec. 95-10. (Amendatory provisions; text omitted).

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

(755 ILCS 6/Art. 99 heading) Article 99. Effective Date (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/99-99)

Sec. 99-99. Effective date. This Act takes effect upon becoming law.

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