Section 1401 – Title.

Effective 8/31/2020 75-2-1401. Title. This part is known as the “Uniform Electronic Wills Act.” Enacted by Chapter 1, 2020 Special Session 6

Section 1402 – Definitions.

Effective 8/31/2020 75-2-1402. Definitions. As used in this part: (1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) “Electronic presence” means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in […]

Section 1403 – Law applicable to electronic will — Principles of equity.

Effective 8/31/2020 75-2-1403. Law applicable to electronic will — Principles of equity. (1) An electronic will is a will for all purposes of the law of this state. (2) The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this part. Enacted by Chapter […]

Section 1404 – Choice of law regarding execution.

Effective 8/31/2020 75-2-1404. Choice of law regarding execution. A will executed electronically but not in compliance with Subsection 75-2-1405(1) is an electronic will under this part if executed in compliance with the law of the jurisdiction where the testator is: (1) physically located when the will is signed; or (2) domiciled or resides when the […]

Section 1405 – Execution of an electronic will.

Effective 8/31/2020 75-2-1405. Execution of an electronic will. (1) Subject to Subsection 75-2-1408(4) and except as provided in Section 75-2-1406, an electronic will shall be: (a) a record that is readable as text at the time of signing under Subsection (1)(b); (b) signed: (i) by the testator; or (ii) in the testator’s name by some […]

Section 1406 – Harmless error.

Effective 8/31/2020 75-2-1406. Harmless error. Section 75-2-503 applies to a will executed electronically. Enacted by Chapter 1, 2020 Special Session 6

Section 1407 – Revocation.

Effective 8/31/2020 75-2-1407. Revocation. (1) An electronic will may revoke all or part of a previous will. (2) All or part of an electronic will is revoked by: (a) a subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (b) a physical act if it is established by […]

Section 1408 – Electronic will attested and made self-proving at time of execution.

Effective 8/31/2020 75-2-1408. Electronic will attested and made self-proving at time of execution. (1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. (2) The acknowledgment and affidavits under Subsection (1) shall be: (a) made before an officer authorized to administer oaths under […]

Section 1409 – Certification of paper copy.

Effective 8/31/2020 75-2-1409. Certification of paper copy. (1) An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. (2) If the electronic will is made self-proving, the certified […]

Section 1410 – Uniformity of application and construction.

Effective 8/31/2020 75-2-1410. Uniformity of application and construction. In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of this uniform act among states that enact this uniform act. Enacted by Chapter 1, 2020 Special Session 6

Section 1411 – Transitional provision.

Effective 8/31/2020 75-2-1411. Transitional provision. This part applies to the will of a decedent who dies on or after the effective date of this part. Enacted by Chapter 1, 2020 Special Session 6