Illinois General Assembly - Full Text of HB2269
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Full Text of HB2269  103rd General Assembly

HB2269enr 103RD GENERAL ASSEMBLY

  
  
  

 


 
HB2269 EnrolledLRB103 27863 LNS 54241 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probate Act of 1975 is amended by changing
5Sections 1-2.25, 8-1, and 8-2 as follows:
 
6    (755 ILCS 5/1-2.25)
7    Sec. 1-2.25. Where this Act requires information to be
8"written" or "in writing", or provides for certain
9consequences if it is not, an electronic record under the
10Electronic Wills, Electronic Estate Planning Documents, and
11Remote Witnesses Act satisfies the provisions of this Act.
12(Source: P.A. 102-167, eff. 7-26-21.)
 
13    (755 ILCS 5/8-1)  (from Ch. 110 1/2, par. 8-1)
14    Sec. 8-1. Contest of admission of will to probate; notice.
15    (a) Within 6 months after the admission to probate of a
16domestic will in accordance with the provisions of Section 6-4
17or Section 20-20 or 20-25 of the Electronic Wills, Electronic
18Estate Planning Documents, and Remote Witnesses Act, or of a
19foreign will in accordance with the provisions of Article VII
20of this Act, any interested person may file a petition in the
21proceeding for the administration of the testator's estate or,
22if no proceeding is pending, in the court in which the will was

 

 

HB2269 Enrolled- 2 -LRB103 27863 LNS 54241 b

1admitted to probate, to contest the validity of the will.
2    (b) The petitioner shall cause a copy of the petition to be
3mailed or delivered to the representative, to his or her
4attorney of record, and to each heir and legatee whose name is
5listed in the petition to admit the will to probate and in any
6amended petition filed in accordance with Section 6-11, at the
7address stated in the petition or amended petition. Filing a
8pleading constitutes a waiver of the mailing or delivery of
9the notice to the person filing the pleading. Failure to mail
10or deliver a copy of the petition to an heir or a legatee does
11not extend the time within which a petition to contest the will
12may be filed under subsection (a) of this Section or affect the
13validity of the judgment judgement entered in the proceeding.
14    (c) Any contestant or proponent may demand a trial by
15jury. An issue shall be made whether or not the instrument
16produced is the will of the testator. The contestant shall in
17the first instance proceed with proof to establish the
18invalidity of the will. At the close of the contestant's case,
19the proponent may present evidence to sustain the will. An
20authenticated transcript of the testimony of any witness or
21other party taken at the time of the hearing on the admission
22of the will to probate, or an affidavit of any witness or other
23party received as evidence under subsection 6-4(b), paragraphs
24(c) and (e) of Section 20-20 of the Electronic Wills,
25Electronic Estate Planning Documents, and Remote Witnesses
26Act, or Section 20-25 of the Electronic Wills, Electronic

 

 

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1Estate Planning Documents, and Remote Witnesses Act, is
2admissible in evidence.
3    (d) The right to institute or continue a proceeding to
4contest the validity of a will survives and descends to the
5heir, legatee, representative, grantee or assignee of the
6person entitled to institute the proceeding.
7    (e) It is the duty of the representative to defend a
8proceeding to contest the validity of the will. The court may
9order the representative to defend the proceeding or prosecute
10an appeal from the judgment. If the representative fails or
11refuses to do so when ordered by the court, or if there is no
12representative then acting, the court, upon its motion or on
13application of any interested person, may appoint a special
14administrator to defend or appeal in his stead.
15    (f) An action to set aside or contest the validity of a
16revocable inter vivos trust agreement or declaration of trust
17to which a legacy is provided by the settlor's will which is
18admitted to probate shall be commenced within and not after
19the time to contest the validity of a will as provided in
20subsection (a) of this Section and Section 13-223 of the Code
21of Civil Procedure.
22    (g) This amendatory Act of 1995 applies to pending cases
23as well as cases commenced on or after its effective date.
24(Source: P.A. 102-167, eff. 7-26-21.)
 
25    (755 ILCS 5/8-2)  (from Ch. 110 1/2, par. 8-2)

 

 

HB2269 Enrolled- 4 -LRB103 27863 LNS 54241 b

1    Sec. 8-2. Contest of denial of admission of will to
2probate.
3    (a) Within 6 months after the entry of an order denying
4admission to probate of a domestic will in accordance with the
5provisions of Section 6-4 or Section 20-20 or 20-25 of the
6Electronic Wills, Electronic Estate Planning Documents, and
7Remote Witnesses Act, or of a foreign will in accordance with
8the provisions of Article VII of this Act, any interested
9person desiring to contest the denial of admission may file a
10petition to admit the will to probate in the proceeding for the
11administration of the decedent's estate or, if no proceeding
12is pending, in the court which denied admission of the will to
13probate. The petition must state the facts required to be
14stated in Section 6-2 or 6-20, whichever is applicable.
15    (b) The petitioner shall cause a copy of the petition to be
16mailed or delivered to the representative, to his or her
17attorney of record, and to each heir and legatee whose name is
18listed in the petition to admit the will to probate and in any
19amended petition filed in accordance with Section 6-11, at the
20address stated in the petition or amended petition. Filing a
21pleading constitutes a waiver of the mailing or delivery of
22the notice to the person filing the pleading. Failure to mail
23or deliver a copy of the petition to an heir or legatee does
24not extend the time within which a petition to admit the will
25to probate may be filed under subsection (a) of Section 8-1 or
26affect the validity of the judgment entered in the proceeding.

 

 

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1    (c) Any proponent or contestant may demand a trial by
2jury. An issue shall be made whether or not the instrument
3produced is the will of the testator. The proponent shall in
4the first instance proceed with proof to establish the
5validity of the will and may introduce any evidence competent
6to establish a will. Any interested person may oppose the
7petition and may introduce any evidence admissible in a will
8contest under Section 8-1. At the close of the contestant's
9case, the proponent may present further evidence to sustain
10the will.
11    (d) The right to institute or continue a proceeding to
12contest the denial of admission of a will to probate survives
13and descends to the heir, legatee, representative, grantee or
14assignee of the person entitled to institute the proceeding.
15    (e) The court may order the representative to defend a
16proceeding to probate the will or prosecute an appeal from the
17judgment. If the representative fails or refuses to do so when
18ordered by the court, or if there is no representative then
19acting, the court, upon its motion or on application of any
20interested person, may appoint a special administrator to do
21so in his stead.
22    (f) A person named as executor in a will that has been
23denied admission to probate has no duty to file or support a
24petition under Section 8-2.
25    (g) This amendatory Act of 1995 applies to pending cases
26as well as cases commenced on or after its effective date.

 

 

HB2269 Enrolled- 6 -LRB103 27863 LNS 54241 b

1(Source: P.A. 102-167, eff. 7-26-21.)
 
2    Section 10. The Electronic Wills and Remote Witnesses Act
3is amended by changing Sections 1-1, 1-5, 1-15, and 1-20 and by
4adding Article 11 as follows:
 
5    (755 ILCS 6/1-1)
6    Sec. 1-1. Short title. This Act may be cited as the
7Electronic Wills, Electronic Estate Planning Documents, and
8Remote Witnesses Act.
9(Source: P.A. 102-167, eff. 7-26-21.)
 
10    (755 ILCS 6/1-5)
11    Sec. 1-5. Purpose. The purpose of this Act is to provide
12for: (1) the valid execution, attestation, self-proving, and
13probate of electronic wills, paper copies of electronic wills,
14and wills attested to by witnesses through audio-video
15communication; (2) the valid execution of electronic
16nontestamentary estate planning documents and validation of
17electronic signatures on nontestamentary estate planning
18documents; and (3) (2) the valid execution, attestation, and
19witnessing of documents, other than wills, through audio-video
20communication.
21(Source: P.A. 102-167, eff. 7-26-21.)
 
22    (755 ILCS 6/1-15)

 

 

HB2269 Enrolled- 7 -LRB103 27863 LNS 54241 b

1    Sec. 1-15. Relation to Probate Act of 1975, other
2statutes, and common law. All electronic wills, paper copies
3of electronic wills, and wills attested to under this Act are
4subject to all requirements of the Probate Act of 1975 and the
5common law, but to the extent the common law or any provision
6of the Probate Act of 1975 conflicts with or is modified by
7this Act, the requirements of this Act control.
8Nontestamentary estate planning documents executed in
9accordance with this Act are subject to all requirements of
10the various statutes applicable thereto, but to the extent the
11common law or any statute conflicts with or is modified by this
12Act, the requirements of this Act control.
13(Source: P.A. 102-167, eff. 7-26-21.)
 
14    (755 ILCS 6/1-20)
15    Sec. 1-20. Definitions. As used in this Act:
16    "Audio-video communication" means communication by which a
17person can hear, see, and communicate with another person in
18real time using electronic means. A person's visual or hearing
19impairment does not prohibit or limit that person's use of
20audio-visual communication under this Act.
21    "Electronic" means relating to technology having
22electrical, digital, magnetic, wireless, optical,
23electromagnetic, or similar capabilities.
24    "Electronic record" means a record generated,
25communicated, received, or stored by electronic means for use

 

 

HB2269 Enrolled- 8 -LRB103 27863 LNS 54241 b

1in an information system or for transmission from one
2information system to another.
3    "Electronic signature" means a signature in electronic
4form that uses a security procedure under the Electronic
5Commerce Security Act and attached to or logically associated
6with an electronic record.
7    "Electronic will" is a will that is created and maintained
8as a tamper-evident electronic record.
9    "Identity proofing" means a process or service through
10which a third person affirms the identity of an individual
11through a review of personal information from public and
12proprietary data sources, including: (1) by means of dynamic
13knowledge-based authentication, including a review of personal
14information from public or proprietary data sources; or (2) by
15means of an analysis of biometric data, including, but not
16limited to, facial recognition, voiceprint analysis, or
17fingerprint analysis.
18    "Information" includes data, text, images, codes, computer
19programs, software, and databases.
20    "Nontestamentary estate planning document" means a record
21relating to estate planning that is readable as text at the
22time of signing and is not a will or contained in a will.
23"Nontestamentary estate planning document" includes a record
24readable as text at the time of signing that creates,
25exercises, modifies, releases, or revokes: (1) a trust
26instrument; (2) a trust power that under the terms of the trust

 

 

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1requires a signed record, such as a power to appoint, remove,
2or designate a trustee or other fiduciary or powerholder, a
3power to direct a trustee, a power to modify or amend, a power
4to withdraw assets, a power to decant, a power to waive notice,
5or any other power granted under this Act, any other statute,
6the terms of a trust, or any rule of law possessed by a
7trustee, a grantor, a beneficiary, or a third party; (3) a
8certification of a trust under Section 1013 of the Illinois
9Trust Code; (4) a power of attorney that is durable under
10Article II of the Illinois Power of Attorney Act; (5) an
11agent's certification under Section 2-8 of the Illinois Power
12of Attorney Act of the validity of a power of attorney and the
13agent's authority; (6) a power of appointment; (7) an advance
14directive, including a health care power of attorney,
15directive to physicians, natural death statement, living will,
16and medical or physician order for life-sustaining treatment;
17(8) a record directing the disposition of an individual's body
18after death; (9) a nomination of a guardian for the signing
19individual, including a short-term, temporary, or standby
20guardian; (10) a nomination of a guardian for a minor child or
21disabled adult child, including a short-term, temporary, or
22standby guardian; (11) a supported decision-making agreement
23under the Supported Decision-Making Agreement Act; (12) a
24mental health treatment declaration; (13) a community property
25survivorship agreement; (14) a disclaimer under Section 2-7 of
26the Probate Act of 1975; and (15) any other record intended to

 

 

HB2269 Enrolled- 10 -LRB103 27863 LNS 54241 b

1carry out an individual's intent regarding property or health
2care while incapacitated or on death. "Nontestamentary estate
3planning document" does not include a deed of real property or
4a certificate of title for a vehicle, watercraft, or aircraft.
5    "Paper copy" means a tamper-evident electronic record that
6is printed and contains the following: (1) the text of the
7document; (2) the electronic signature of the signer; (3) a
8readable copy of the evidence of any changes displayed in the
9electronic record; and (4) any exhibits, attestation clauses,
10affidavits, or other items forming a part of the document or
11contained in the electronic record.
12    "Paper document" means a document that is written or
13printed on paper.
14    "Person" means an individual, estate, business or
15nonprofit entity, government or governmental subdivision,
16agency, or instrumentality, or other legal entity.
17    "Physical presence" means being in the same physical
18location as another person and close enough to see and know the
19other person is signing a document.
20    "Power of attorney" means a record that grants authority
21to an agent to act in place of the principal, even if the term
22is not used in the record.
23    "Presence" includes: (1) physical presence; or (2) being
24in a different physical location from another person, but
25able, using audio-video communication, to know the person is
26signing a document in real time.

 

 

HB2269 Enrolled- 11 -LRB103 27863 LNS 54241 b

1    "Record" means information: (1) inscribed on a tangible
2medium; or (2) stored in an electronic or other medium and
3retrievable in a perceivable form.
4    "Remote witness" means a person attesting to a document
5who is in the presence of the signer or testator through
6audio-video communication.
7    "Rule of law" means any statute, ordinance, common law
8rule, court decision, or other rule of law enacted,
9established, or promulgated by this State or any agency,
10commission, department, court, other authority, or political
11subdivision of this State.
12    "Security procedure" means a procedure to verify that an
13electronic signature, record, or performance is that of a
14specific person or to detect a change or error in an electronic
15record. "Security procedure" includes a procedure that uses an
16algorithm, code, identifying word or number, encryption, or
17callback or other acknowledgment procedure.
18    "Settlor" means a person, including a testator, that
19creates or contributes property to a trust.
20    "Signature" includes an electronic signature and an ink
21signature.
22    "Sign" means, with present intent to authenticate or adopt
23a record, to: (1) execute or adopt a tangible symbol; or (2)
24attach to or logically associate with the record an electronic
25signature.
26    "State" means a state of the United States, the District

 

 

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1of Columbia, Puerto Rico, the United States Virgin Islands, or
2other territory or possession subject to the jurisdiction of
3the United States. "State" includes a federally recognized
4Indian tribe.
5    "Tamper-evident" means a feature of an electronic record
6by which any change to the electronic record is displayed.
7    "Terms of trust" means: (1) the manifestation of the
8settlor's intent regarding a trust's provisions as (i)
9expressed in the trust instrument or (ii) established by other
10evidence that would be admissible in a judicial proceeding; or
11(2) the trust's provisions as established, determined, or
12amended by (i) a trustee or other person in accordance with
13applicable law, (ii) a court order, or (iii) a nonjudicial
14settlement agreement under Section 111 of the Illinois Trust
15Code.
16    "Trust instrument" means an instrument executed by the
17settlor that contains terms of the trust, including any
18amendments.
19    "Will" includes a codicil and a testamentary instrument
20that merely appoints an executor, revokes or revises another
21will, nominates a guardian, or expressly excludes or limits
22the right of an individual or class to succeed to property of
23the decedent passing by intestate succession.
24(Source: P.A. 102-167, eff. 7-26-21.)
 
25    (755 ILCS 6/Art. 11 heading new)

 

 

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1
Article 11. Electronic Nontestamentary Estate Planning
2
Documents

 
3    (755 ILCS 6/11-5 new)
4    Sec. 11-5. Construction. This Article shall be construed
5and applied to:
6        (1) facilitate electronic estate planning documents
7    and signatures consistent with other law; and
8        (2) be consistent with reasonable practices concerning
9    electronic documents and signatures and continued
10    expansion of those practices.
 
11    (755 ILCS 6/11-10 new)
12    Sec. 11-10. Scope.
13    (a) Except as provided in subsection (b), this Article
14applies to an electronic nontestamentary estate planning
15document and an electronic signature on a nontestamentary
16estate planning document.
17    (b) This Article does not apply to a nontestamentary
18estate planning document, will, or terms of a trust governing
19the document expressly preclude use of an electronic record or
20electronic signature.
21    (c) This Article does not affect the validity of an
22electronic record or electronic signature that is valid under:
23        (1) the Illinois Uniform Electronic Transactions Act;
24        (2) any other Section of this Act; or

 

 

HB2269 Enrolled- 14 -LRB103 27863 LNS 54241 b

1        (3) any other State law relating to nontestamentary
2    estate planning documents.
 
3    (755 ILCS 6/11-15 new)
4    Sec. 11-15. Principles of law and equity. The law of this
5State and principles of equity applicable to a nontestamentary
6estate planning document apply to an electronic
7nontestamentary estate planning document except as modified by
8this Article.
 
9    (755 ILCS 6/11-20 new)
10    Sec. 11-20. Use of electronic record or signature not
11required.
12    (a) This Article does not require a nontestamentary estate
13planning document or signature on a nontestamentary estate
14planning document to be created, generated, sent,
15communicated, received, stored, or otherwise processed or used
16by electronic means or in electronic form.
17    (b) A person is not required to have a nontestamentary
18estate planning document in electronic form or signed
19electronically even if the person previously created or signed
20a nontestamentary estate planning document by electronic
21means.
22    (c) A person may not waive the provisions of this Section.
 
23    (755 ILCS 6/11-25 new)

 

 

HB2269 Enrolled- 15 -LRB103 27863 LNS 54241 b

1    Sec. 11-25. Recognition of electronic nontestamentary
2estate planning document and electronic signature.
3    (a) A nontestamentary estate planning document or a
4signature on a nontestamentary estate planning document may
5not be denied legal effect or enforceability solely because it
6is in electronic form.
7    (b) If other law of this State or a will or the terms of a
8trust governing the nontestamentary estate planning document
9require a nontestamentary estate planning document to be in
10writing, an electronic record of the document satisfies the
11requirement.
12    (c) If other law of this State requires a signature on a
13nontestamentary estate planning document, an electronic
14signature satisfies the requirement.
 
15    (755 ILCS 6/11-30 new)
16    Sec. 11-30. Attribution and effect of electronic record
17and electronic signature.
18    (a) An electronic nontestamentary estate planning document
19or electronic signature on an electronic nontestamentary
20estate planning document is attributable to a person if it was
21the act of the person. The act of the person may be shown in
22any manner, including by showing the efficacy of a security
23procedure applied to determine the person to which the
24electronic record or electronic signature was attributable.
25    (b) The effect of attribution to a person under subsection

 

 

HB2269 Enrolled- 16 -LRB103 27863 LNS 54241 b

1(a) of a document or signature is determined from the context
2and surrounding circumstances at the time of its creation,
3execution, or adoption and as provided by other law.
 
4    (755 ILCS 6/11-35 new)
5    Sec. 11-35. Notarization and acknowledgment. If other law
6of this State or a will or the terms of a trust require or
7permit a signature or record to be notarized, acknowledged,
8verified, or made under oath, the requirement is satisfied
9with respect to an electronic nontestamentary estate planning
10document if an individual authorized to perform the
11notarization, acknowledgment, verification, or oath attaches
12or logically associates the individual's electronic signature
13on the document together with all other information required
14to be included under the other law.
 
15    (755 ILCS 6/11-40 new)
16    Sec. 11-40. Witnessing and attestation.
17    (a) If other law of this State or a will or the terms of a
18trust base the validity of a nontestamentary estate planning
19document on whether it is signed, witnessed, or attested by
20another individual, the signature, witnessing, or attestation
21of that individual may be electronic.
22    (b) As used in this subsection (b), "electronic presence"
23means that 2 or more individuals in different locations are
24able to communicate in real time to the same extent as if the

 

 

HB2269 Enrolled- 17 -LRB103 27863 LNS 54241 b

1individuals were physically present in the same location. If
2other law of this State bases the validity of a
3nontestamentary estate planning document on whether it is
4signed, witnessed, or attested by another individual in the
5presence of the individual signing the document, the presence
6requirement is satisfied if the individuals are in each
7other's electronic presence.
 
8    (755 ILCS 6/11-45 new)
9    Sec. 11-45. Retention of electronic record; original.
10    (a) Except as provided in subsection (b), if other law of
11this State requires an electronic nontestamentary estate
12planning document to be retained, transmitted, copied, or
13filed, the requirement is satisfied by retaining,
14transmitting, copying, or filing an electronic record that:
15        (1) accurately reflects the information in the
16    document after it was first generated in final form as an
17    electronic record or under Section 11-30; and
18        (2) remains accessible to the extent required by the
19    other law.
20    (b) A requirement under subsection (a) to retain a record
21does not apply to information the sole purpose of which is to
22enable the record to be sent, communicated, or received.
23    (c) A person may satisfy subsection (a) by using the
24services of another person.
25    (d) If other law of this State requires a nontestamentary

 

 

HB2269 Enrolled- 18 -LRB103 27863 LNS 54241 b

1estate planning document to be presented or retained in its
2original form, or provides consequences if a nontestamentary
3estate planning document is not presented or retained in its
4original form, an electronic record retained in accordance
5with subsection (a) satisfies the other law.
6    (e) This Section does not preclude a governmental agency
7from specifying requirements for the retention of a record
8subject to the agency's jurisdiction in addition to those in
9this Section. In this Section, "governmental agency" means an
10executive, legislative, or judicial agency, department, board,
11commission, authority, institution, or instrumentality of the
12federal government or of a state or of a county, municipality,
13or other political subdivision of a state.
 
14    (755 ILCS 6/11-50 new)
15    Sec. 11-50. Certification of paper copy. An individual may
16create a certified paper copy of an electronic nontestamentary
17estate planning document by affirming under penalty of perjury
18that the paper copy is a complete and accurate copy of the
19document.
 
20    (755 ILCS 6/11-55 new)
21    Sec. 11-55. Admissibility in evidence. Evidence relating
22to an electronic nontestamentary estate planning document or
23an electronic signature on the document may not be excluded in
24a proceeding solely because it is in electronic form.
 

 

 

HB2269 Enrolled- 19 -LRB103 27863 LNS 54241 b

1    (755 ILCS 6/11-60 new)
2    Sec. 11-60. Relation to the Electronic Signatures in
3Global and National Commerce Act. This Article modifies,
4limits, or supersedes the Electronic Signatures in Global and
5National Commerce Act, 15 U.S.C. Section 7001 et seq., but
6does not modify, limit, or supersede 15 U.S.C. Section 7001(c)
7or authorize electronic delivery of any of the notices
8described in 15 U.S.C. Section 7003(b).
 
9    (755 ILCS 6/11-65 new)
10    Sec. 11-65. Application. This Article applies to an
11electronic nontestamentary estate planning document created,
12signed, generated, sent, communicated, received, or stored
13before, on, or after the effective date of this amendatory Act
14of the 103rd General Assembly.
 
15    (755 ILCS 6/11-70 new)
16    Sec. 11-70. Severability. If a provision of this Article
17or its application to a person or circumstance is held
18invalid, the invalidity does not affect another provision or
19application that can be given effect without the invalid
20provision.
 
21    Section 99. Effective date. This Act takes effect January
221, 2024.

 

 

HB2269 Enrolled- 20 -LRB103 27863 LNS 54241 b

1 INDEX
2 Statutes amended in order of appearance
3    755 ILCS 5/1-2.25
4    755 ILCS 5/8-1from Ch. 110 1/2, par. 8-1
5    755 ILCS 5/8-2from Ch. 110 1/2, par. 8-2
6    755 ILCS 6/1-1
7    755 ILCS 6/1-5
8    755 ILCS 6/1-15
9    755 ILCS 6/1-20
10    755 ILCS 6/Art. 11 heading
11    new
12    755 ILCS 6/11-5 new
13    755 ILCS 6/11-10 new
14    755 ILCS 6/11-15 new
15    755 ILCS 6/11-20 new
16    755 ILCS 6/11-25 new
17    755 ILCS 6/11-30 new
18    755 ILCS 6/11-35 new
19    755 ILCS 6/11-40 new
20    755 ILCS 6/11-45 new
21    755 ILCS 6/11-50 new
22    755 ILCS 6/11-55 new
23    755 ILCS 6/11-60 new
24    755 ILCS 6/11-65 new
25    755 ILCS 6/11-70 new