Having completed the first NotaryCam video advanced health directive in November 2012 we’re excited to announce that yesterday, March 8, 2018, Indiana Governor Eric Holcomb signed into law HB 1303: https://iga.in.gov/legislative/2018/bills/house/1303
Electronic powers of attorney, trusts, and wills. Allows a testator to execute an electronic will. Specifies requirements pertaining to the: (1) creation; (2) attestation; and (3) execution; of an electronic will. Allows video recordings of an electronic will’s execution to be used for demonstrating: (1) proper execution of a will; (2) testator intent; (3) the mental state of a testator; (4) the absence of undue influence or duress with respect to a testator; and (5) verification of the individual identities involved in the execution of an electronic will. Provides exemplar instructions and advisory language to testators with respect to electronic wills. Specifies how to revoke an electronic will. Allows certain electronic records to be used in place of an electronic will. Specifies how to transfer possession of an electronic will from the current custodian to a successor custodian. Specifies the responsibilities of an electronic will custodian. Specifies how to amend, destroy, and revoke an electronic will. Creates a presumption of regularity for electronic wills. Allows electronic wills to be deposited with the clerk of a probate court in certain instances. Explains the probate process for electronic wills. Allows a settlor to create and execute an electronic trust instrument. Specifies how to create and execute an electronic trust instrument. Specifies how to amend or revoke an electronic trust instrument. Specifies who may act as a custodian for an electronic trust instrument. Specifies how an electronic trust instrument may be delivered or transferred. Specifies how to destroy an electronic trust instrument. Creates a presumption of regularity with respect to electronic trust instruments. Allows a person to create and execute an electronic power of attorney. Specifies how to execute a valid electronic power of attorney. Specifies how to amend or revoke an electronic power of attorney. Specifies who may act as a custodian for an electronic power of attorney. Specifies how to destroy an electronic power of attorney. Creates a presumption of regularity with respect to electronic powers of attorney. Defines certain terms. Makes conforming amendments.
