TITLE 15

UNIFORM PROBATE CODE

CHAPTER 2

INTESTATE SUCCESSION — WILLS

PART 11

UNIFORM ELECTRONIC WILLS ACT

15-2-1105.  EXECUTION OF ELECTRONIC WILL. (1) An electronic will must be:

(a)  A tamper-evident electronic record that is readable as text at the time of signing under paragraph (b) of this subsection;

(b)  Signed by:

(i)   The testator; or

(ii)  Another individual in the testator’s name, in the testator’s physical presence, and by the testator’s direction; and

(c)  Signed in the physical or electronic presence of the testator by at least two (2) individuals, each of whom is a resident of a state at the time of signing, within a reasonable time after witnessing:

(i)   The signing of the will under paragraph (b) of this subsection; or

(ii)  The testator’s acknowledgment of the signing of the will under paragraph (b) of this subsection or acknowledgment of the will.

(2)  Intent of a testator that a record under subsection (1)(a) of this section be the testator’s electronic will, or that a record affixed to or logically associated with an electronic will forms a part thereof, may be established by extrinsic evidence.

(3)  A signature affixed to an acknowledgment or affidavit under section 15-2-1108(1), Idaho Code, that is affixed to or logically associated with an electronic will, or a record that would constitute an electronic will but for lack of a signature or signatures described in this sentence, is deemed a signature of the electronic will under subsection (1) of this section.

History:

[15-2-1105, added 2023, ch. 104, sec. 1, p. 309.]