29-1-22-1. Definitions
Sec. 1. The following terms are defined for this chapter: (1) “Complete converted copy” means a document in any format that: (A) can be visually perceived in its entirety on a monitor or other display device; (B) can be printed; and (C) contains the following: (i) The text of an electronic will. (ii) The respective […]
29-1-22-2. Establishment and Administration of Registry
Sec. 2. (a) The Indiana supreme court and the office of judicial administration are authorized to establish and administer a statewide electronic estate planning documents registry under rules adopted by the Indiana supreme court. (b) If permitted under the rules adopted for the registry, the following individuals may deposit one (1) or more of the […]
29-1-21-5. Recordings; Photographs; Admissibility
Sec. 5. Subject to the applicable Indiana Rules of Evidence and the Indiana Rules of Trial Procedure, a video recording, one (1) or more photographs, or an audio recording of part or all of an electronic will’s execution or a video recording of a testator either before or after the execution of an electronic will […]
29-1-21-6. “Form Vendor”; Instructions to Signatory
Sec. 6. (a) As used in this section, “form vendor” means any person who provides a testator with an electronic will form or a user interface for creating, completing, or executing an electronic will. The term includes: (1) an attorney who prepares an electronic will for a testator; and (2) any vendor or licensor of […]
29-1-21-7. Execution of Electronic Will
Sec. 7. An electronic will is legally executed if the manner of its execution complies with the law of: (1) this state; (2) the jurisdiction that the testator is actually present in at the time of execution; or (3) the domicile of the testator at the time of execution or at the time of the […]
29-1-21-8. Revocation of Electronic Will
Sec. 8. (a) This section describes the exclusive methods for revoking an electronic will. Before a testator completes or directs the revocation of an electronic will, the testator shall: (1) comply with; or (2) direct a third party custodian to comply, as applicable, with; subsection (e). (b) A testator may revoke and supersede a previously […]
29-1-21-9. Use of Converted Copy; Affidavit
Sec. 9. (a) If: (1) a person discovers an accurate and substantially complete copy of an electronic will that: (A) bears the signatures of the testator and attesting witnesses; and (B) lacks some other portion of the electronic will; or (2) the electronic record for an electronic will becomes lost or corrupted so that the […]
29-1-21-10. Maintenance, Receipt, and Transfer of Electronic Will
Sec. 10. (a) Any person with the written authorization of the testator may maintain, receive, or transfer custody of: (1) the electronic record associated with an electronic will; (2) any document integrity evidence associated with an electronic record or electronic will; or (3) a complete converted copy of the electronic will. A testator may identify […]
29-1-21-11. Delivery of Electronic Will; Recipients; Methods of Delivery
Sec. 11. (a) After a testator’s death becomes known to a custodian or other person authorized to act on behalf of the testator, custody of the electronic record associated with the testator’s will or a complete converted copy of the testator’s electronic will shall be delivered to one (1) of the following individuals, in decreasing […]
29-1-21-12. “Destroy”; Destruction of Electronic Will
Sec. 12. (a) As used in this section, “destroy” means any act that: (1) permanently deletes the electronic record associated with an electronic will; or (2) renders the electronic record associated with an electronic will unreadable and nonretrievable. (b) Any custodian or attorney holding an electronic will may destroy the electronic record associated with the […]