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