US Lawyer Database

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 […]

29-1-21-13. Affidavit of Regularity

Sec. 13. A custodian or other person required or permitted to create an affidavit of regularity under this chapter may use a form that substantially complies with the following format: “Affidavit of Regularity for Electronic Will (1) Beginning on (insert date of first possession of the electronic will by the signatory of this affidavit) and […]

29-1-21-14. Prima Facie Evidence of Validity

Sec. 14. (a) Regardless of the number of custodians or other persons who receive, hold, or transfer copies of an electronic record for an electronic will to other custodians, other authorized persons, or the testator: (1) the electronic record, including any accompanying document integrity evidence (if applicable), is prima facie evidence of: (A) the validity […]

29-1-20-1. Affirmation or Representation; Form

Sec. 1. (a) Wherever in this article it is provided that any pleading, petition, report, or other document of any kind be verified, or that an oath be taken, it shall be sufficient if the subscriber simply affirms the truth of the matter to be verified by an affirmation or representation in substantially the following […]

29-1-21-15. “Electronic Will Copy”; Deposit of Electronic Will

Sec. 15. (a) As used in this section, “electronic will copy” means a complete converted copy of an electronic will that is deposited with a circuit court clerk under IC 29-1-7-3.1. (b) The following shall apply to the deposit of an electronic will copy with circuit court clerks: (1) IC 29-1-7-3.1(a). (2) IC 29-1-7-3.1(b). (3) […]