ELECTRONIC WILL/REMOTE WITNESS

Amends the Revised Uniform Unclaimed Property Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 765 ILCS 1026/15-101 Adds reference to: New Act 5 ILCS 175/5-115 5 ILCS 175/5-120 5 ILCS 175/5-125 5 ILCS 175/10-130 755 ILCS 5/1-2.18 755 ILCS 5/1-2.25 new 755 ILCS 5/1-2.26 new 755 ILCS 5/6-5 755 ILCS 5/6-6 755 ILCS 5/8-1 755 ILCS 5/8-2 Replaces everything after the enacting clause. 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. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following change: In the Electronic Wills and Remote Witnesses Act, provides that, 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 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. Effective immediately.