Today's Law As Amended


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AB-1667 Electronic wills.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 6110.4 is added to the Probate Code, to read:

6110.4.
 (a) It is the intent of the Legislature to evaluate the merits of electronic wills and whether the Legislature should adopt a statutory scheme that recognizes electronic wills.
(b) On or before September 30, 2022, the California Law Revision Commission shall deliver to the Legislature a study regarding the feasibility of electronic wills. The study shall include, at a minimum, a discussion of all of the following:
(1) How electronic wills are treated by the Uniform Law Commission and by other states and countries.
(2) Case studies involving electronic wills or other electronic testamentary instruments, to the extent that information is accessible and can be feasibly obtained.
(3) Common issues relating to electronic wills, including, but not limited to, all of the following:
(A) Formation, including requirements for electronic signatures.
(B) Authentication, including remote online notarization.
(C) Witnessing, including remote online witnessing.
(D) Storage.
(E) Custodianship.
(F) Delivery and presentation to the court.
(G) The types of evidence a court may consider in authenticating the will.
(H) Codicils.
(I) Revocation.
(J) Any other aspect of probate law and the law of wills that the commission determines to be reasonable to study issues relating to electronic wills, including, but not limited to, all of the following:
(i) The application of the harmless error rule.
(ii) Electronic expressions of testamentary intent that do not meet formalities.
(iii) Risk of fraud or undue influence when compared to traditional wills.
(c) If the commission determines that adopting a statutory scheme that recognizes electronic wills is prudent and does not pose unnecessary risks of fraud, the study shall recommend a specific legislative proposal for a comprehensive statutory scheme for recognizing electronic wills in California.
(d) A report to be submitted pursuant to subdivision (b) or (c) shall be submitted in compliance with Section 9795 of the Government Code.
(e) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.