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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4251 Introduced 1/16/2024, by Rep. Margaret Croke SYNOPSIS AS INTRODUCED:
| | | Amends the Electronic Nontestamentary Estate Planning Documents Article of the Electronic Wills and Remote Witnesses Act. Provides that the Article does not apply to a nontestamentary estate planning document, will, or terms of a trust if the terms governing the document expressly preclude use of an electronic record or electronic signature (rather than does not apply to a nontestamentary estate planning document, will, or terms of a trust governing the document expressly preclude use of an electronic record or electronic signature). |
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| | A BILL FOR |
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| | HB4251 | | LRB103 35018 LNS 64945 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Electronic Wills and Remote Witnesses Act |
| 5 | | is amended by changing Section 11-10 as follows:
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| 6 | | (755 ILCS 6/11-10) |
| 7 | | (This Section may contain text from a Public Act with a |
| 8 | | delayed effective date) |
| 9 | | Sec. 11-10. Scope. |
| 10 | | (a) Except as provided in subsection (b), this Article |
| 11 | | applies to an electronic nontestamentary estate planning |
| 12 | | document and an electronic signature on a nontestamentary |
| 13 | | estate planning document. |
| 14 | | (b) This Article does not apply to a nontestamentary |
| 15 | | estate planning document, will, or terms of a trust if the |
| 16 | | terms governing the document expressly preclude use of an |
| 17 | | electronic record or electronic signature. |
| 18 | | (c) This Article does not affect the validity of an |
| 19 | | electronic record or electronic signature that is valid under: |
| 20 | | (1) the Illinois Uniform Electronic Transactions Act; |
| 21 | | (2) any other Section of this Act; or |
| 22 | | (3) any other State law relating to nontestamentary |
| 23 | | estate planning documents. |