Execution of an electronic will.

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  • (1) Subject to Subsection 75-2-1408(4) and except as provided in Section 75-2-1406, an electronic will shall be:
    • (a) a record that is readable as text at the time of signing under Subsection (1)(b);
    • (b) signed:
      • (i) by the testator; or
      • (ii) in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and
    • (c) signed in the physical or electronic presence of the testator by at least two individuals within a reasonable time after witnessing:
      • (i) the signing of the will under Subsection (1)(b); or
      • (ii) the testator's acknowledgment of the signing of the will under Subsection (1)(b) or the testator's acknowledgment of the will.
  • (2) Intent of a testator that the record under Subsection (1)(a) be the testator's electronic will may be established by extrinsic evidence.




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