D.C. Code § 18-908

Current through codified legislation effective September 18, 2024

Section 18-908 - Electronic will attested and made self-proving at time of execution

(a) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.

(b) The acknowledgement and affidavits under subsection (a) of this section shall be:

(1) Made before an officer authorized to administer oaths under law of the state in which execution occurs or, if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing under § 18-905(a)(2), before an officer authorized under § 1-1231.13 a.; and

(2) Evidence by the officer's certificate under official seal affixed to or logically associated with the electronic will.

(c) The acknowledgement and affidavits under subsection (a) of this section shall be in substantially the following form:

I, ______________________________ , the testator, and, being sworn, declare to the

(Name)

undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another individual to sign it for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence.

____________________________

Testator

We, _________________________ and _________________________________ ,

(Name) (Name)

witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

______________________________

Witness

______________________________

Witness "Certificate of officer:

State of ____________

Subscribed, sworn to, and acknowledged before me by

____________________________ ,

(Name)

the testator, and subscribed and sworn to before me by ______________________ and

(Name)

___________________ , witnesses, this ________ day of ___________ , ______.

(Name)

_________________________________

(Signed)

_________________________________

(Capacity of officer)

(d) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under this chapter is deemed a signature of the electronic will under § 18-905(a).

D.C. Code § 18-908

Added by D.C. Law 24-296,§ 2, 70 DCR 001012, eff. 3/10/2023.