Iowa HSB 3: A bill for an act relating to electronic presence for purposes of executing wills and codicils.

Bill Text

House Study Bill 3 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON HOLT)
A BILL FOR
An Act relating to electronic presence for purposes of1
executing wills and codicils.2
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:3
TLSB 1417YC (2) 90
cm/ns

H.F. _____
Section 1. Section 633.279, Code 2023, is amended by adding1
the following new subsections:2
NEW SUBSECTION. 3. Electronic presence requirements. For3
electronic presence, the testator must provide correct verbal4
responses to all of the following before signing, in addition5
to satisfying the other requirements of this section:6
a. Are you currently married? If so, please state the name7
of your spouse.8
b. Please state the names of anyone who assisted you in9
accessing the means of your electronic presence today.10
c. Please state the names of anyone who assisted you in11
preparing or reviewing the documents you are signing today.12
d. Where are you currently located?13
e. Who is in the room with you?14
NEW SUBSECTION. 4. Definition. For purposes of this15
section, “presence” means any manner, physical or electronic,16
in which the witness and testator can see and hear the acts of17
each other in real time.18
EXPLANATION19
The inclusion of this explanation does not constitute agreement with20
the explanation’s substance by the members of the general assembly.21
This bill authorizes the electronic presence of testators22
and witnesses in executing wills and codicils and creates23
associated requirements. The bill defines the term “presence”24
to mean any manner, physical or electronic, in which the25
witness and testator can see and hear the acts of each other in26
real time. The bill requires a testator present electronically27
to respond to a series of requests set forth in the bill prior28
to signing a will or codicil.29
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LSB 1417YC (2) 90
cm/ns 1/1