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Such a remote witness may attest to the signing of a paper will, an electronic will, or a paper copy of an electronic will. The Act defines a remote witness as someone in communication with the will testator or signer via audio and video technology. able to know the other person is signing that document with the help of remote audio and video technology.in the same location and able to physically see that the other person in the room is signing a document, or.The definition of “in the presence” means either: If remotely attested to, the will must also meet the requirements under that scenario, which will be detailed below. This attestation must be notarized to avoid the witnesses coming into court to testify that they saw the will signed. Two or more credible witnesses must attest to the will by signing the will in the presence of the testator after seeing the person leaving the will sign it themselves. To be valid under the Act, an electronic will must be a tamper-evident record that is executed by either the testator – the person leaving the will – or someone the testator directs to do so in their presence, who cannot be either a named beneficiary, or the spouse or child of someone named as a beneficiary. Lastly, it formalizes in a statute the emergency executive order signed by Illinois Governor Pritzker at the outset of the pandemic approving notary and witness guidelines. It also puts into place steps for handling probate of wills that are electronically created and remotely signed and attested. In response to the pandemic forcing us to work remotely, the Act authorizes both the creation of electronic wills and the ability to remotely sign and attest to those wills. Our estate planning practice in trusts, wills and estates has adjusted to meet the requirements and take advantage of the opportunities contained in the Electronic Wills and Remote Witnesses Act, signed into law July 26, 2021.
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