New Signing Methods Flashcards
How has the “presence” requirement been modified by new law?
Change in definitions of “presence” and “observe”]to allow use of technology to satisfy “presence” requirement, to INCLUDE real-time, two-way interaction b/n testator and witnesses
I.C. § 29-1-5-3(b)
What are the requirements to use audiovisual technology AND electronic sign technology to sign in a will in separate locations?
T and the witnesses must use 2-way real time audiovisual technology to interact
• A licensed attorney or paralegal must supervise the signing (§ 29-1-21-4(b))
• Attorney or paralegal must complete an affidavit of
compliance (subsec. 4(c))
• File the compliance affidavit when the Will is filed for probate (subsec. 4(d))
Can you use technology to “see” a T sign a will but NOT use technology to sign?
Yes, through counterpart signing. Must combine into one document within 5 business days. ALL of the same requirements as electronic sign - audio visual requirements are same for all. Note that Self-prooving clause requires counterpart lang
Remote/elctronic wills: what happens to will signed under S.Ct. Order during pandemic?
Valid, if complied with either new law OR S.Ct. Order, and was b/n dates of: on or after March 31, 2020 and
before January 1, 2021. Not good for period of 1/1/2021 until new law on 4/29/2021.
What is a “directed paralegal”?
meaning a nonlawyer assistant who is employed or retained by a licensed attorney and who works under that attorney’s direct supervision
What happens if a will is signed electronically, but not under attorney or directed paralegal guidance? Or no affidavit?
The will is not void but is voidable in the discretion of the probate court, or if an objection to probate is filed or if a timely will contest is filed
Is a video recording during signing admissible?
I.C. § 29-1-5-3.2 to clarify that an audio recording,
photograph(s), or video recording made during part or all of the signing of a traditional will may be admissible in evidence
Can the testator be outside of IN when signing under electronic rules?
No. A testator who is physically present in Indiana when he or she signs a will has to comply with the Indiana execution requirements.
Do electronic trusts require witnesses?
No, IN law does not require witnesses or notary for trusts.
What safeguards are there for electronically signed trusts?
IN Trust Code prohibits the following ppl from signing on behalf of settlor:
o A trustee named in the trust instrument.
o A relative of the settlor.
o A person who is entitled to receive a beneficial interest in the trust assets or a power of appointment under the terms of the trust.
Must a POA be notarized? A deed or TOD designation?
No, under new Code language, can be two witnesses.
