HSB 3 (LSB 1417YC (2) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to electronic presence for purposes of executing wills and codicils.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 633.279, Code 2023, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  Electronic presence requirements.  For electronic presence, the testator must provide correct verbal responses to all of the following before signing, in addition to satisfying the other requirements of this section:
   a.  Are you currently married? If so, please state the name of your spouse.
   b.  Please state the names of anyone who assisted you in accessing the means of your electronic presence today.
   c.  Please state the names of anyone who assisted you in preparing or reviewing the documents you are signing today.
   d.  Where are you currently located?
   e.  Who is in the room with you? 
   NEW SUBSECTION.  4.  Definition.  For purposes of this section, “presence” means any manner, physical or electronic, in which the witness and testator can see and hear the acts of each other in real time.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill authorizes the electronic presence of testators and witnesses in executing wills and codicils and creates associated requirements. The bill defines the term “presence” to mean any manner, physical or electronic, in which the witness and testator can see and hear the acts of each other in real time. The bill requires a testator present electronically to respond to a series of requests set forth in the bill prior to signing a will or codicil.