§ 29-1-21-8 — Revocation of electronic will

(a) This section describes the exclusive
methods for revoking an electronic will. Before a testator completes or
directs the revocation of an electronic will, the testator shall:
(1) comply with; or
(2) direct a third party custodian to comply, as applicable, with;
subsection (e).
(b) A testator may revoke and supersede a previously executed
electronic will by executing a new electronic will or traditional paper
will that explicitly revokes and supersedes all prior wills. However, if
the revoked or superseded electronic will is held in the custody or
control of more than one (1) custodian, the testator shall use the
testator's best efforts to contact each custodian and to instruct each
custodian to permanently delete and render nonretrievable each
revoked or superseded electronic will in the manner described in
subsection (d).
(c) If a testator is not using the services of a custodian to store the
electronic record for an electronic will, the testator may revoke the
electronic will by permanently deleting each copy of the electronic
record associated with the electronic will in the testator's possession or
control or by rendering the electronic record for the associated
electronic will unreadable and nonretrievable.
(d) The testator may revoke the testator's electronic will by
executing a revocation document that:
(1) is signed by the testator and two (2) attesting witnesses in a
manner that complies with IC 29-1-5-3(b) or with section 4 of this
chapter;
(2) refers to the date on which the electronic will that is being
revoked was signed; and
(3) states that the testator is revoking the electronic will described
in subdivision (2).
A revocation document under this subsection may be signed and
witnessed with the electronic signature of the testator and two (2)
attesting witnesses, or signed and witnessed with signatures on paper
as described in IC 29-1-5-6.
(e) If a testator is using the services of an attorney or a custodian to
store the electronic record associated with the testator's electronic will,
the testator may revoke the electronic will by instructing the custodian
or attorney to permanently delete or make unreadable and
nonretrievable the electronic record associated with the electronic will.
An instruction issued under this subsection must be made in writing to
the custodian or attorney as applicable. A custodian or attorney who
receives a written instruction described in this subsection shall:
(1) sign an affidavit of regularity under section 13 of this chapter
with respect to the electronic will to be revoked by the testator;
(2) create a complete converted copy (as defined in section 3(2)
of this chapter) of the electronic will being revoked;
(3) make the signed affidavit of regularity a permanent attachment
to or part of the complete converted copy;
(4) follow the testator's written instruction by:
(A) permanently deleting the electronic record for the revoked
electronic will; or
(B) rendering the electronic record associated with the revoked
electronic will unreadable and nonretrievable; and
(5) transmit or issue the complete converted copy of the revoked
electronic will to the testator.
(f) If the electronic record for a particular electronic will or a
complete converted copy of the electronic will cannot be found after
the testator's death, the presumption that applied to a lost or missing
traditional paper will shall be applied to the lost or missing electronic
will.

Legislative History

As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.11.