§ 30.1-37-06 — Electronic will attested and made self-proving at time of execution

North Dakota § 30.1-37-06

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-37: Uniform Electronic Wills Act

Text

1. An electronic will may be simultaneously executed, attested, and made self-proving by
acknowledgment of the testator and affidavits of the witnesses.
2. The acknowledgment and affidavits under subsection 1 must be:
a. Made before an officer authorized to administer oaths under law of the state in
which execution occurs; and
b. Evidenced by the officer's certificate under official seal affixed to or logically
associated with the electronic will.
3. The acknowledgment and affidavits under subsection 1 must be in substantially the
following form:
STATE OF ____________________
COUNTY OF ____________________
I, ______________________, the testator, sign my name to this instrument this
__________ day of _______, _____, and being first sworn, declare to the undersigned
authority that I sign and execute this instrument as my electronic will and that I sign it
willingly or willingly direct another to sign for me, that I execute it as my free and
voluntary act for the purposes therein expressed, and that I am 18 years of age or
older, of sound mind, and under no constraint or undue influence.
______________________________
Testator
We, __________________, _________________, the witnesses, sign our names
to this instrument, and being first sworn, declare to the undersigned authority that the
testator signs and executes this instrument as the testator's electronic will and that the
testator signs it willingly or willingly directs another to sign for the testator, and that
each of us, in the presence and hearing of the testator, signs this electronic will as
witness to the testator's signing, and that to the best of our knowledge the testator is
18 years of age or older, of sound mind, and under no constraint or undue influence.
______________________________
Witness
______________________________
Witness
Subscribed, sworn to, and acknowledged before me by __________, the testator,
and subscribed and sworn to before me by ___________ and __________, witnesses,
this ________ day of ________________.
(SEAL) (Signed)______________________________
______________________________
(Official capacity of officer)
4. A signature physically or electronically affixed to an affidavit that is affixed to or
logically associated with an electronic will under this chapter is deemed a signature of
the electronic will under subsection 1 of section 30.1-37-04.