(755 ILCS 6/Art. 1 heading)
(755 ILCS 6/1-1)
Sec. 1-1. Short title. This Act may be cited as the Electronic Wills and Remote Witnesses Act.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/1-5)
Sec. 1-5. Purpose. The purpose of this Act is to provide for: (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; and (2) the valid execution, attestation, and witnessing of documents, other than wills, through audio-video communication.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/1-10)
Sec. 1-10. Applicability. Any document executed under this Act is executed in this State; however, executing a document under this Act does not automatically confer jurisdiction in the courts of this State.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/1-15)
Sec. 1-15. Relation to Probate Act of 1975 and common law. All electronic wills, paper copies of electronic wills, and wills attested to under this Act are subject to all requirements of the Probate Act of 1975 and the common law, but to the extent the common law or any provision of the Probate Act of 1975 conflicts with or is modified by this Act, the requirements of this Act control.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/1-20)
Sec. 1-20. Definitions. As used in this Act:
"Audio-video communication" means communication by which a person can hear, see, and communicate with another person in real time using electronic means. A person's visual or hearing impairment does not prohibit or limit that person's use of audio-visual communication under this Act.
"Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system to another.
"Electronic signature" means a signature in electronic form that uses a security procedure under the Electronic Commerce Security Act and attached to or logically associated with an electronic record.
"Electronic will" is a will that is created and maintained as a tamper-evident electronic record.
"Identity proofing" means a process or service through which a third person affirms the identity of an individual through a review of personal information from public and proprietary data sources, including: (1) by means of dynamic knowledge-based authentication, including a review of personal information from public or proprietary data sources; or (2) by means of an analysis of biometric data, including, but not limited to, facial recognition, voiceprint analysis, or fingerprint analysis.
"Paper copy" means a tamper-evident electronic record that is printed and contains the following: (1) the text of the document; (2) the electronic signature of the signer; (3) a readable copy of the evidence of any changes displayed in the electronic record; and (4) any exhibits, attestation clauses, affidavits, or other items forming a part of the document or contained in the electronic record.
"Paper document" means a document that is written or printed on paper.
"Physical presence" means being in the same physical location as another person and close enough to see and know the other person is signing a document.
"Presence" includes: (1) physical presence; or (2) being in a different physical location from another person, but able, using audio-video communication, to know the person is signing a document in real time.
"Remote witness" means a person attesting to a document who is in the presence of the signer or testator through audio-video communication.
"Rule of law" means any statute, ordinance, common law rule, court decision, or other rule of law enacted, established, or promulgated by this State or any agency, commission, department, court, other authority, or political subdivision of this State.
"Signature" includes an electronic signature and an ink signature.
"Tamper-evident" means a feature of an electronic record by which any change to the electronic record is displayed.
(Source: P.A. 102-167, eff. 7-26-21.)