Indiana Enacts Provisions Related to Electronic Wills, Trusts, and Powers of Attorney
The state of Indiana enacted provisions related to electronic wills, trusts, and powers of attorney through Indiana House Bill 1303. These provisions create a presumption of regularity for electronic wills, trust instruments, and powers of attorney in Indiana and are effective on July 1, 2018.
Section 2. IC 29-1-21 is added to the Indiana Code as a new chapter which governs electronic wills. This chapter provides rules for the valid execution, attestation, self-proving, and probate of electronic wills. If an electronic will is properly signed, witnessed, and maintained in compliance with this chapter, all the normal presumptions that apply to a valid traditional paper will apply to that electronic will. This chapter also includes: exemplar instructions and advisory language to testators with respect to electronic wills; provisions related to revocation and transfer; requirements for electronic will custodians; and rules related to how to amend, destroy, and revoke an electronic will.
Section 3. IC 30-4-1.5 is added to the Indiana Code as a new chapter which governs electronic trust instruments. This section provides rules related to the lawful execution, amendment, and revocation of inter vivos trusts signed electronically. If an electronic trust instrument is created, signed, and maintained in compliance with the rules, the normal presumptions that apply to a traditional paper trust instrument will apply. The enacted provisions of this chapter specify further: how to create and execute an electronic trust instrument, how to amend or revoke the instrument, who may act as a custodian, how the instrument is delivered or transferred, and how to destroy it.
Section 4. IC 30-5-11 is added to the Indiana Code as a new chapter which governs electronic powers of attorney. This section provides rules related to the lawful execution, amendment, and revocation of powers of attorney signed electronically. If an electronic power of attorney is created, signed, and maintained in compliance with the rules, the normal presumptions that apply to a traditional paper power of attorney will apply. The enacted provisions of this chapter specify further: how to execute a valid electronic power of attorney, how to amend or revoke it, who may act as a custodian, and how to destroy an electronic power of attorney.
The full text of Indiana House Bill 1303 can be found here: https://iga.in.gov/legislative/2018/bills/house/1303#document-e7f8b4be
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