H.F. _____ Section 1. Section 633.279, Code 2023, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 3. Electronic presence requirements. For 3 electronic presence, the testator must provide correct verbal 4 responses to all of the following before signing, in addition 5 to satisfying the other requirements of this section: 6 a. Are you currently married? If so, please state the name 7 of your spouse. 8 b. Please state the names of anyone who assisted you in 9 accessing the means of your electronic presence today. 10 c. Please state the names of anyone who assisted you in 11 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 this 15 section, “presence” means any manner, physical or electronic, 16 in which the witness and testator can see and hear the acts of 17 each other in real time. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill authorizes the electronic presence of testators 22 and witnesses in executing wills and codicils and creates 23 associated requirements. The bill defines the term “presence” 24 to mean any manner, physical or electronic, in which the 25 witness and testator can see and hear the acts of each other in 26 real time. The bill requires a testator present electronically 27 to respond to a series of requests set forth in the bill prior 28 to signing a will or codicil. 29 -1- LSB 1417YC (2) 90 cm/ns 1/ 1