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Senate Study Bill 1047 - IntroducedA Bill ForAn Act 1relating to electronic presence for purposes of
2executing wills and codicils.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.279, Code 2023, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 3. Electronic presence requirements. For
4electronic presence, the testator must provide correct verbal
5responses to all of the following before signing, in addition
6to satisfying the other requirements of this section:
7a. Are you currently married? If so, please state the name
8of your spouse.
9b. Please state the names of anyone who assisted you in
10accessing the means of your electronic presence today.
11c. Please state the names of anyone who assisted you in
12preparing or reviewing the documents you are signing today.
13d. Where are you currently located?
14e. Who is in the room with you?
15 NEW SUBSECTION. 4. Definition. For purposes of this
16section, “presence” means any manner, physical or electronic,
17in which the witness and testator can see and hear the acts of
18each other in real time.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill authorizes the electronic presence of testators
23and witnesses in executing wills and codicils and creates
24associated requirements. The bill defines the term “presence”
25to mean any manner, physical or electronic, in which the
26witness and testator can see and hear the acts of each other in
27real time. The bill requires a testator present electronically
28to respond to a series of requests set forth in the bill prior
29to signing a will or codicil.
-1-cm/ns
2executing wills and codicils.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 633.279, Code 2023, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 3. Electronic presence requirements. For
4electronic presence, the testator must provide correct verbal
5responses to all of the following before signing, in addition
6to satisfying the other requirements of this section:
7a. Are you currently married? If so, please state the name
8of your spouse.
9b. Please state the names of anyone who assisted you in
10accessing the means of your electronic presence today.
11c. Please state the names of anyone who assisted you in
12preparing or reviewing the documents you are signing today.
13d. Where are you currently located?
14e. Who is in the room with you?
15 NEW SUBSECTION. 4. Definition. For purposes of this
16section, “presence” means any manner, physical or electronic,
17in which the witness and testator can see and hear the acts of
18each other in real time.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill authorizes the electronic presence of testators
23and witnesses in executing wills and codicils and creates
24associated requirements. The bill defines the term “presence”
25to mean any manner, physical or electronic, in which the
26witness and testator can see and hear the acts of each other in
27real time. The bill requires a testator present electronically
28to respond to a series of requests set forth in the bill prior
29to signing a will or codicil.
-1-cm/ns