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Legislative Update

Electronic powers of attorney, trusts, and wills

February 23, 2018 Filed Under: Probate

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

Filed Under: Probate Tagged With: estates, trusts

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