Certified Paper Copies

1. Law
2. Illinois Compiled Statutes
3. ESTATES
4. Electronic Wills and Remote Witnesses Act.
5. Certified Paper Copies

(755 ILCS 6/Art. 10 heading)

Article 10. Certified Paper Copies

 

(755 ILCS 6/10-5)

Sec. 10-5. Certified paper copy. Where a rule of law requires information to be presented or retained in its original form, or provides consequences for the information not being presented or retained in its original form, that rule of law is satisfied by a certified paper copy of the electronic record.

(Source: P.A. 102-167, eff. 7-26-21.)

 

(755 ILCS 6/10-10)

Sec. 10-10. Creation of a certified paper copy.

(a) A certified paper copy is a paper copy of an electronic record that has been certified by the person who converts the electronic record to a paper copy.

(b) The person certifying a paper copy shall state the following:

• (1) the date that the person prepared the paper copy;
• (2) the name of the person who prepared the paper copy;
• (3) the date that the person who prepared the paper copy came into possession of the electronic record;
• (4) a description of how the person who prepared the paper copy came into possession of the electronic record;
• (5) confirmation that the paper copy is a complete and correct copy of the electronic record; and
• (6) confirmation that the electronic record is a tamper-evident electronic record.

(c) The statements by a person who prepares a certified paper copy shall be made by:

• (1) testimony before the court;
• (2) a written statement certified under Section 1-109 of the Code of Civil Procedure attached to the paper copy; or
• (3) an affidavit attached to the paper copy.

(d) A certified paper copy of a tamper-evident electronic record, other than an electronic will, may be created any time after the signer signs the electronic record under the Electronic Commerce Security Act.

(e) A certified paper copy of an electronic will may be created any time after the testator signs the electronic will or directs another person in the testator's presence to sign the electronic will.

(Source: P.A. 102-167, eff. 7-26-21.)

 

(755 ILCS 6/10-15)

Sec. 10-15. Witnessing a certified paper copy.

(a) A certified paper copy of an electronic record may be witnessed after it is prepared. The witness shall be in the signer's presence when the signer acknowledges the electronic signature as the signer's act.

(b) If an electronic will is not attested to by 2 or more credible witnesses, a certified paper copy of the electronic will may be attested to by witnesses in the testator's presence after the testator acknowledges the electronic signature as the testator's act.

(Source: P.A. 102-167, eff. 7-26-21.)

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