§ 15-2-1105 — EXECUTION OF ELECTRONIC WILL

(1) An electronic will must be:
(a) A tamper-evident electronic record that is readable as text at the time of signing under paragraph (b) of this subsection;
(b) Signed by:
(i) The testator; or
(ii) Another individual in the testator’s name, in the testator’s physical presence, and by the testator’s direction; and
(c) Signed in the physical or electronic presence of the testator by at least two (2) individuals, each of whom is a resident of a state at the time of signing, within a reasonable time after witnessing:
(i) The signing of the will under paragraph (b) of this subsection; or
(ii) The testator’s acknowledgment of the signing of the will under paragraph (b) of this subsection or acknowledgment of the will.
(2) Intent of a testator that a record under subsection (1)(a) of this section be the testator’s electronic will, or that a record affixed to or logically associated with an electronic will forms a part thereof, may be established by extrinsic evidence.
(3) A signature affixed to an acknowledgment or affidavit under section 15-2-1108 (1), Idaho Code, that is affixed to or logically associated with an electronic will, or a record that would constitute an electronic will but for lack of a signature or signatures described in this sentence, is deemed a signature of the electronic will under subsection (1) of this section.

Legislative History

[15-2-1105, added 2023, ch. 104, sec. 1, p. 309.]