§ 11-40 — Witnessing and attestation

(a) If other law of this State or a will or the terms of a trust base the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. (b) As used in this subsection (b), "electronic presence" means that 2 or more individuals in different locations are able to communicate in real time to the same extent as if the individuals were physically present in the same location. If other law of this State bases the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement is satisfied if the individuals are in each other's electronic presence.

Legislative History

(Source: P.A. 103-301, eff. 1-1-24 .)