Electronic powers of attorney, trusts, and wills

The Senate Judiciary Committee heard HB 1303 sponsored by Sens. Bray, Lanane and Zakas on electronic powers of attorney, trusts, and wills. The bill:

  • allows the electronic creation and execution of wills, trust instruments, and powers of attorney. It also specifies requirements pertaining to the creation, attestation, and execution of an electronic will;
  • allows video recordings of an electronic will’s execution to be used for demonstrating proper execution of a will, testator intent, the mental state of a testator, the absence of undue influence or duress with respect to a testator, and verification of the individual identities involved in the execution of an electronic will;
  • provides exemplar instructions and advisory language with respect to electronic powers of attorney, trusts, and wills;
  • allows certain electronic records to be used in place of an electronic will;
  • specifies how to transfer possession of an electronic will from the current custodian to a successor custodian;
  • specifies who may act as and the responsibilities of an electronic will, trust instrument or power of attorney custodian ;
  • specifies how to amend, destroy, and revoke electronic wills, trust instruments and powers of attorney.
  • creates a presumption of regularity for electronic wills, trust instruments and powers of attorney;
  • allows electronic wills to be deposited with the clerk of a probate court in certain instances;
  • explains the probate process for electronic wills; and
  • specifies how an electronic trust instruments and powers of attorney may be delivered or transferred.

A member of the Indiana State Bar Association probate section testified in support of the bill. The bill passed 9-1.

Read the bill at https://iga.in.gov/legislative/2018/bills/house/1303