An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, adopting Uniform Acts: in short title and definitions, further providing for definitions; in wills, further providing for validity of execution and for revocation of a will; providing for electronic wills; in dispositions independent of letters, family exemption, probate of wills and grant of letters, further providing for self-proved wills; providing for uniform electronic estate planning documents; and making conforming changes.

PRINTER'S NO. 1375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1138
Session of
2026
INTRODUCED BY BAKER, HAYWOOD, ROTHMAN, J. WARD, SCHWANK,
STEFANO, VOGEL, COSTA, BARTOLOTTA AND CAPPELLETTI,
JANUARY 9, 2026
REFERRED TO JUDICIARY, JANUARY 9, 2026
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, adopting Uniform Acts: in
short title and definitions, further providing for
definitions; in wills, further providing for validity of
execution and for revocation of a will; providing for
electronic wills; in dispositions independent of letters,
family exemption, probate of wills and grant of letters,
further providing for self-proved wills; providing for
uniform electronic estate planning documents; and making
conforming changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "will" in section 102 of Title
20 of the Pennsylvania Consolidated Statutes is amended and the
section is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
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* * *
"Will." Means a written will, codicil or other testamentary
writing[.], including an electronic will as provided in Chapter
26 (relating to electronic wills).
"Writing." Includes a record readable as text under Chapters
26 and 40 (relating to uniform electronic estate planning
documents).
Section 2. Sections 2504.1 and 2505 of Title 20 are amended
to read:
§ 2504.1. Validity of execution.
A will is validly executed if executed in compliance with
section 2502 (relating to form and execution of a will) or 2605
(relating to execution of electronic will), or in compliance
with the law of the jurisdiction where the testator was
domiciled at the time of the execution of the will or at the
time of his death.
§ 2505. Revocation of a will.
[No] Except as otherwise provided in section 2606 (relating
to electronic revocation), no will or codicil in writing, or any
part thereof, can be revoked or altered otherwise than:
(1) Will or codicil.--By some other will or codicil in
writing;
(2) Other writing.--By some other writing declaring the
same, executed and proved in the manner required of wills[;],
provided that any revocation by electronic means under this
paragraph shall comply with the execution requirements of an
electronic will under section 2605(a) (relating to execution
of electronic will); or
(3) Act to the document.--By being burnt, torn,
canceled, obliterated, or destroyed, with the intent and for
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the purpose of revocation, by the testator himself or by
another person in his presence, as defined in section 2602
(relating to definitions), and by his express direction. If
such act is done by any person other than the testator, the
direction of the testator must be proved by the oaths or
affirmations of two competent witnesses.
Section 3. Title 20 is amended by adding a chapter to read:
CHAPTER 26
ELECTRONIC WILLS
Sec.
2601. Short title of chapter.
2602. Definitions.
2603. Law applicable to electronic will; principles of equity.
2604. Choice of law regarding execution.
2605. Execution of electronic will.
2606. Electronic revocation.
2607. Electronic will attested and made self-proving at time of
execution.
2608. Certification of paper copy.
2609. Transitional provision.
§ 2601. Short title of chapter.
This chapter shall be known and may be cited as the Uniform
Electronic Wills Act.
§ 2602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Electronic." Relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic or similar
capabilities.
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"Electronic will." A will executed by electronic means, in
whole or in part, in compliance with section 2605(a) (relating
to execution of electronic will).
"Information." The term includes data, text, images, codes,
computer programs, software and databases.
"Observe" or "observing." To perceive another's actions or
expressions of intent through the senses of eyesight and
hearing. The term includes perceptions involving the use of
technology or learned skills to:
(1) assist the person's capabilities of eyesight or
hearing, or both; or
(2) compensate for an impairment of the person's
capabilities of eyesight or hearing, or both.
"Presence" or "in the presence of." The term means:
(1) the parties:
(i) are directly located in the same physical space
("physical presence"); or
(ii) are able to interact with each other in real
time through the use of audiovisual technology now known
or later developed ("electronic presence");
(2) the witnesses are able to positively identify the
testator; and
(3) each witness is able to interact with the testator
and with each other by observing:
(i) the testator's expression of intent to execute
the electronic will;
(ii) the testator's actions in executing or
directing the execution of the testator's electronic
will; and
(iii) the actions of every other witness in signing
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the will.
The term includes the use of technology or learned skills for
the purpose of assisting with hearing, eyesight or speech or for
the purpose of compensating for a hearing, eyesight or speech
impairment.
"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Sign." With present intent to authenticate or adopt a
record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record
an electronic symbol or process.
"State." A state or commonwealth of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands or any territory or insular possession subject to the
jurisdiction of the United States. The term includes a federally
recognized Indian tribe.
§ 2603. Law applicable to electronic will; principles of
equity.
An electronic will is a will for all purposes of the law of
this Commonwealth. The law of this Commonwealth applicable to
wills and principles of equity apply to an electronic will,
except as modified by this chapter.
§ 2604. Choice of law regarding execution.
A will executed electronically but not in compliance with
section 2605(a) (relating to execution of electronic will) is an
electronic will under this chapter if executed in compliance
with the law of the jurisdiction where the testator is domiciled
at the time of the execution of the will or at the time of the
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testator's death.
§ 2605. Execution of electronic will.
(a) Requirements.--Subject to section 2607(e) (relating to
electronic will attested and made self-proving at time of
execution), an electronic will must be:
(1) a record that is readable as text at the time of
signing under paragraph (2);
(2) signed:
(i) by the testator; or
(ii) if the testator is unable to sign the
testator's name for any reason, by another individual in
the testator's name, in the testator's physical presence
and by the testator's express direction; and
(3) signed in the presence of the testator by at least
two individuals, each of whom is a resident of a state and
physically located in a state at the time of signing.
(b) Compilation of signatures in single record.--The
signatures in subsection (a)(2) and (3) shall be compiled in the
single record created in subsection (a)(1) at either the time of
the execution of the electronic will or within a reasonable
period of time following the execution of the electronic will.
(c) Extrinsic evidence of intent.--Intent of a testator that
the record under subsection (a)(1) is the testator's electronic
will may be established by extrinsic evidence.
§ 2606. Electronic revocation.
(a) Electronic means.--A will may be revoked or altered by
electronic means as follows:
(1) Electronic will.--An electronic will may revoke all
or part of a previous will.
(2) Other electronic writing.--A will may be revoked by
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some other electronic writing declaring the same, executed
and proved in the manner required of electronic wills.
(b) Physical act.--An electronic will may be revoked by a
physical act if the testator, with the intent and for the
purpose of revoking all or part of the will, performed the act
or expressly directed another individual who performed the act
in the testator's presence. If the act is done by an individual
other than the testator, the direction of the testator must be
proved by the oaths or affirmation of two competent witnesses.
§ 2607. Electronic will attested and made self-proving at time
of execution.
(a) Acknowledgment and affidavits.--An electronic will may
be simultaneously executed, attested and made self-proving by
acknowledgment of the testator and affidavits of the witnesses.
(b) Requirements.--The acknowledgment and affidavits under
subsection (a) must be:
(1) made before:
(i) an officer authorized to administer oaths under
57 Pa.C.S. Ch. 3 (relating to revised uniform law on
notarial acts) and in compliance with that chapter;
(ii) an officer authorized to administer oaths in
another state in which execution occurs in compliance
with the provisions of the laws of that state; or
(iii) an attorney at law and certified to an officer
as provided in subsection (d); and
(2) evidenced by the officer's certificate, under
official seal, affixed to or logically associated with the
electronic will.
(c) Required form.--The acknowledgment and affidavits under
subsection (b) shall in form and content be substantially as set
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forth as follows:
Acknowledgment
Commonwealth of Pennsylvania (or State of )
County of
I, , the testator whose name is signed to the
attached or foregoing electronic will, having been duly
qualified according to law, do hereby acknowledge that I signed
and executed the instrument as my Last Will; and that I signed
it willingly and as my free and voluntary act for the purposes
therein expressed.
Sworn to or affirmed and acknowledged before me by
, the testator, by means of ( ) physical presence or ( )
communication technology, this day of , 20 .

(Testator)

(Signature of officer or attorney)
(Seal and official capacity of officer or state of admission of
attorney)
Affidavit
Commonwealth of Pennsylvania (or State of )
County of
We, and , the witnesses, whose
names are signed to the attached or foregoing electronic will,
being duly qualified according to law, do depose and say that we
were in the presence of and observed the testator sign and
execute the instrument as the testator's Last Will; that the
testator signed willingly and executed it as the testator's free
and voluntary act for the purposes therein expressed; that each
subscribing witness, in the presence of the testator, signed the
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electronic will as a witness; and that to the best of our
knowledge the testator was at that time 18 or more years of age,
of sound mind and under no constraint or undue influence.
Sworn to or affirmed and acknowledged before me by by
means of ( ) physical presence or ( ) communication
technology, and by means of ( ) physical
presence or ( ) communication technology, the witnesses,
this day of , 20 .

Witness

Witness

(Signature of officer or attorney)
(Seal and official capacity of officer or state of admission of
attorney)
(d) Certification.--The acknowledgment of the testator and
the affidavit of a witness required by subsection (b) may be
made before a member of the bar of the Supreme Court of
Pennsylvania or of the highest court of the state in which
execution of the will occurs who certifies to:
(1) an officer authorized to administer oaths under 57
Pa.C.S. Ch. 3 in compliance with that chapter; or
(2) an officer authorized to administer oaths in another
state in which the member of the bar is located in compliance
with the provisions of the laws of the state, that the
acknowledgment and affidavit was made before the attorney. In
such case, in addition to the acknowledgment and affidavit
required by subsection (b), the attorney's certification
shall be evidenced by the officer before whom it was made
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substantially as follows:
Attorney Acknowledgment and Affidavit
Commonwealth of Pennsylvania (or State of )
County of
On this, the day of , 20 , before
me (the undersigned officer),
appeared (Attorney Bar ID Number: ),
by means of ( ) physical presence or ( ) communication
technology, known to me or satisfactorily proven to be a member
of the bar of the highest court of (Pennsylvania or the state in
which execution of the will took place), and certified that they
were in the presence of the testator and the witnesses when the
foregoing acknowledgment and affidavit were signed by the
testator and witnesses.
In witness whereof, I hereunto set my hand and official seal.

(Signature, seal and official capacity of officer)
(e) Physical or electronic attachment of signature.--A
signature physically or electronically attached or annexed 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 section 2605(a) (relating to execution of
electronic will).
§ 2608. Certification of paper copy.
An individual may create a certified paper copy of an
electronic will by affirming under penalty of perjury that to
the best of the individual's knowledge, a paper copy of the
electronic will is a complete, true and accurate copy of the
electronic will. If the electronic will is made self-proving,
the certified paper copy of the electronic will must include the
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self-proving affidavits.
§ 2609. Transitional provision.
This chapter applies to the electronic will of a decedent who
dies on or after the effective date of this section.
Section 4. Section 3132.1(a) of Title 20 is amended to read:
§ 3132.1. Self-proved wills.
(a) Proof.--Unless there is a contest with respect to the
validity of the will, or unless the will is signed by mark or by
another as provided in section 2502 (relating to form and
execution of a will) or 2605 (relating to execution of
electronic will), an affidavit of witness made in conformity
with this section shall be accepted by the register as proof of
the facts stated as if it had been made under oath before the
register at the time of probate.
* * *
Section 5. Title 20 is amended by adding a chapter to read:
CHAPTER 40
UNIFORM ELECTRONIC ESTATE PLANNING DOCUMENTS
Subchapter
A. General Provisions and Definitions
C. Electronic Non-Testamentary Estate Planning Documents
E. Miscellaneous Provisions
SUBCHAPTER A
GENERAL PROVISIONS AND DEFINITIONS
Sec.
4001. Short title of chapter.
4002. Definitions.
4003. Construction.
§ 4001. Short title of chapter.
This chapter may be cited as the Uniform Electronic Estate
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Planning Documents Act.
§ 4002. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Electronic." Relating to technology, having electrical,
digital, magnetic, wireless, optical, electromagnetic or similar
capabilities.
"Electronic record." A record created, generated, sent,
communicated, received or stored by electronic means.
"Electronic signature." An electronic symbol or process
attached to or logically associated with a record and executed
or adopted by a person with the intent to sign the record.
"Information." Includes data, text, images, codes, computer
programs, software and databases.
"Non-testamentary estate planning document." A record
relating to estate planning that is readable as text at the time
of signing and is not a will, codicil or testamentary trust. The
term:
(1) includes a record readable as text at the time of
signing that creates, exercises, modifies, releases, revokes
or terminates:
(i) a trust under a trust instrument;
(ii) a trust power that under the terms of the trust
requires a signed record;
(iii) an agreement under section 7710.1 (relating to
nonjudicial settlement agreements - UTC 111) or 7740.1(a)
(relating to modification or termination of noncharitable
irrevocable trust by consent - UTC 411);
(iv) a certification of trust under section 7790.3
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(relating to certification of trust - UTC 1013);
(v) a power of attorney under Chapter 56 (relating
to powers of attorney);
(vi) an acknowledgment of agent under section
5601(d) (relating to general provisions);
(vii) an affidavit of proof of continuance of powers
of attorney under section 5606 (relating to proof of
continuance of powers of attorney by affidavit);
(viii) a certification of counsel under section
5608.1 (relating to liability for refusal to accept power
of attorney);
(ix) an advance health care directive, including a
health care power of attorney or living will under
Chapter 54 (relating to health care), mental health care
power of attorney under Chapter 58 (relating to mental
health care), directive to physicians, natural death
statement and medical or physician order for life-
sustaining treatment;
(x) a record directing disposition of an
individual's body after death;
(xi) a nomination of a guardian for the signing
individual;
(xii) a nomination of a guardian for a minor child
or disabled adult child;
(xiii) an election under Chapter 22 (relating to
elective share of surviving spouse);
(xiv) a disclaimer under Chapter 62 (relating to
disclaimers);
(xv) any other record intended to carry out an
individual's intent regarding property or health care
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while incapacitated or on death, except as otherwise
prohibited by contract or applicable law; or
(xvi) any other record relating to estate planning,
estate administration or trust administration under this
title, except as otherwise prohibited by contract or
applicable law; and
(2) does not include a deed of real property or
certificate of title for a motor vehicle, watercraft or
aircraft.
"Person." An individual, estate, trust, business or
nonprofit entity, government or governmental subdivision, agency
or instrumentality or other legal entity.
"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Security procedure." A procedure employed for the purpose
of verifying that an electronic signature, record or performance
is that of a specific person or for detecting changes or errors
in an electronic record. The term includes a procedure which
requires the use of algorithms or other codes, identifying word
or number, encryption or callback or other acknowledgment
procedure.
"Settlor." A person, other than a testator, that creates a
trust.
"Sign." With present intent to authenticate or adopt a
record:
(1) execute or adopt a tangible symbol; or
(2) attach to or logically associate with the record an
electronic symbol or process.
"State." A state or commonwealth of the United States, the
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District of Columbia, Puerto Rico, the United States Virgin
Islands or other territory or possession subject to the
jurisdiction of the United States. The term includes a federally
recognized Indian tribe.
"Terms of the trust." Either of the following:
(1) the manifestation of the settlor's intent regarding
a trust's provisions as:
(i) expressed in the trust instrument; or
(ii) established by other evidence that would be
admissible in a judicial proceeding; or
(2) the trust's provisions as established, determined or
amended by:
(i) a trustee or other person in accordance with
applicable law;
(ii) a court order; or
(iii) an agreement under section 7710.1 or
7740.1(a).
"Trust instrument." An instrument other than a will or
codicil executed by the settlor that contains terms of the
trust, including any amendments thereto.
"Will." An instrument executed pursuant to the provisions of
Chapter 25 (relating to wills) or 26 (relating to electronic
wills).
§ 4003. Construction.
This chapter must be construed and applied to:
(1) facilitate electronic non-testamentary estate
planning documents and signatures consistent with other
applicable law; and
(2) be consistent with reasonable practices concerning
electronic documents and signatures and continued expansion
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of those practices.
SUBCHAPTER C
ELECTRONIC NON-TESTAMENTARY ESTATE PLANNING DOCUMENTS
Sec.
4021. Scope of chapter.
4022. Principles of law and equity.
4023. Use of electronic record or signature not required.
4024. Recognition of electronic non-testamentary estate
planning document and electronic signature.
4025. Attribution and effect of electronic record and
electronic signature.
4026. Notarization and acknowledgment.
4027. Witnessing and attestation.
4028. Retention of electronic records; original.
4029. Certification of paper copy.
4029.1. Admissibility in evidence.
§ 4021. Scope of chapter.
(a) Applicability.--Except as provided in subsection (b),
this chapter applies to an electronic non-testamentary estate
planning document and an electronic signature on a non-
testamentary estate planning document.
(b) Exception.--This chapter does not apply to a non-
testamentary estate planning document if the document prohibits
the use of an electronic record or electronic signature.
(c) Validity of other law.--This chapter does not affect the
validity of an electronic record or electronic signature that is
valid under:
(1) the act of December 16, 1999 (P.L.971, No.69), known
as the Electronic Transactions Act;
(2) Chapter 26 (relating to electronic wills); or
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(3) any other law of this Commonwealth relating to non-
testamentary estate planning documents.
§ 4022. Principles of law and equity.
The law of this Commonwealth and principles of equity
applicable to a non-testamentary estate planning document apply
to an electronic non-testamentary estate planning document
except as modified by this chapter.
§ 4023. Use of electronic record or signature not required.
(a) General rule.--This chapter does not require a non-
testamentary estate planning document or signature on a non-
testamentary estate planning document to be created, generated,
sent, communicated, received, stored or otherwise processed or
used by electronic means or in electronic form.
(b) Previous document.--A person is not required to have a
non-testamentary estate planning document in electronic form or
signed electronically even if the person previously created or
signed a non-testamentary estate planning document by electronic
means.
(c) Waiver prohibited.--A person may not waive the
provisions of this section.
§ 4024. Recognition of electronic non-testamentary estate
planning document and electronic signature.
(a) General rule.--A non-testamentary estate planning
document or a signature on a non-testamentary estate planning
document may not be denied legal effect or enforceability solely
because it is in electronic form.
(b) Other law requiring writing.--If other law of this
Commonwealth requires a non-testamentary estate planning
document to be in writing, an electronic record of the document
satisfies the requirement.
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(c) Other law requiring signature.--If other law of this
Commonwealth requires a signature on a non-testamentary estate
planning document, an electronic signature satisfies the
requirement.
§ 4025. Attribution and effect of electronic record and
electronic signature.
(a) General rule.--An electronic non-testamentary estate
planning document or electronic signature on an electronic non-
testamentary estate planning document is attributable to a
person if it was the act of the person. The act of the person
may be shown in any manner, including by showing the efficacy of
a security procedure applied to determine the person to which
the electronic record or electronic signature was attributable.
(b) Determined by context and surrounding circumstances.--
The effect of an electronic non-testamentary estate planning
document or electronic signature attributed to a person under
subsection (a) is determined from the context and surrounding
circumstances at the time of its creation, execution or
adoption, including the parties' agreement, if any, and as
provided by other law.
§ 4026. Notarization and acknowledgment.
If other law of this Commonwealth requires a signature or
record to be notarized, acknowledged, verified or made under
oath, the requirement is satisfied with respect to an electronic
non-testamentary estate planning document if an individual
authorized to perform the notarization, acknowledgment,
verification or oath attaches or logically associates the
individual's electronic signature on the non-testamentary estate
planning document together with all other information required
to be included under the other law.
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§ 4027. Witnessing and attestation.
(a) Other individuals generally.--If other law of this
Commonwealth bases the validity of a non-testamentary estate
planning document on whether it is signed, witnessed or attested
by another individual, the signature, witnessing or attestation
of that individual may be electronic.
(b) Other individuals as witnesses.--Except as provided in
subsection (c), if other law of this Commonwealth bases the
validity of a non-testamentary estate planning document on
whether it is signed, witnessed or attested by another
individual in the presence of the person signing the non-
testamentary estate planning document, "presence" shall have the
meaning stated in subsection (d).
(c) Other circumstances.--If other law of this Commonwealth
permits a non-testamentary estate planning document to be signed
by another individual on behalf of and at the direction of the
maker of such document, then such other individual must sign in
the physical presence of the maker of such document.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Maker." The settlor, principal or similar individual whose
signature would otherwise be required to create a non-
testamentary estate planning document.
"Observe" or "observing." To perceive another's actions or
expressions of intent through the senses of eyesight and
hearing. The term includes perceptions involving the use of
technology or learned skills to:
(1) assist the person's capabilities of eyesight or
hearing, or both; or
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(2) compensate for an impairment of the person's
capabilities of eyesight or hearing, or both.
"Presence" or "in the presence of." The term means:
(1) the person signing the non-testamentary estate
planning document and the witness or witnesses:
(i) are directly located in the same physical space;
or
(ii) are able to interact with each other in real
time through the use of audiovisual technology now known
or later developed;
(2) the witness or witnesses are able to positively
identify the person signing the non-testamentary estate
planning document; and
(3) each witness is able to interact with the person
signing the non-testamentary estate planning document and
with each other by observing:
(i) the expression of intent of the person signing
the non-testamentary estate planning document to execute
the non-testamentary estate planning document;
(ii) the actions of the person signing the non-
testamentary estate planning document in executing or
directing the execution of such non-testamentary estate
planning document; and
(iii) the actions of every other witness in signing
the non-testamentary estate planning document.
The term includes the use of technology or learned skills for
the purpose of assisting with hearing, eyesight or speech or for
the purpose of compensating for a hearing, eyesight or speech
impairment.
§ 4028. Retention of electronic records; original.
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(a) Requirement.--Subject to subsection (b), if a law
requires a record subject to this chapter to be retained,
transmitted, copied or filed, the requirement is satisfied by
retaining, transmitting, copying or filing an electronic record
that:
(1) accurately reflects the information in the record
after it was first generated in final form as an electronic
record or under section 4029 (relating to certification of
paper copy); and
(2) remains accessible to the extent required by the
other law.
(b) Transaction information.--A requirement under subsection
(a) to retain a record does not apply to information the sole
purpose of which is to enable the record to be sent,
communicated or received.
(c) Agents.--A person may satisfy subsection (a) by using
the services of another person.
(d) Originals.--If other law of this state requires a record
subject to this chapter to be presented or retained in its
original form, or provides consequences if such record is not
presented or retained in its original form, an electronic record
retained in accordance with subsection (a) satisfies the other
law.
(e) Government agencies.--This section does not preclude a
governmental agency from specifying requirements for the
retention of a record subject to the agency's jurisdiction in
addition to those in this section.
(f) Definition.--As used in this section, the term
"governmental agency" means an executive, legislative or
judicial agency, department, board, commission, authority,
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institution or instrumentality of the Federal Government or of a
state or of a county, municipality or other political
subdivision of a state.
§ 4029. Certification of paper copy.
An individual may create a certified paper copy of an
electronic non-testamentary estate planning document by
affirming under penalty of perjury that to the best of the
individual's knowledge, the paper copy is a complete, true and
accurate copy of the document.
§ 4029.1. Admissibility in evidence.
Evidence relating to an electronic non-testamentary estate
planning document or an electronic signature on the document may
not be excluded in a proceeding solely because it is in
electronic form.
SUBCHAPTER E
MISCELLANEOUS PROVISIONS
Sec.
4031. Uniformity of application and construction.
4032. Relation to Electronic Signatures in Global and National
Commerce Act.
4033. Transitional provision.
§ 4031. Uniformity of application and construction.
In applying and construing this chapter, a court shall
consider the promotion of uniformity of the law among
jurisdictions that enact it.
§ 4032. Relation to Electronic Signatures in Global and
National Commerce Act.
This chapter modifies, limits or supersedes the Electronic
Signatures in Global and National Commerce Act (Public Law 106-
229, 15 U.S.C. § 7001 et seq.), but does not modify, limit or
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supersede section 101(c) of the Electronic Signatures in Global
and National Commerce Act (15 U.S.C. § 7001(c)), or authorize
electronic delivery of any of the notices described in section
103(b) of the Electronic Signatures in Global and National
Commerce Act (15 U.S.C. § 7003(b)).
§ 4033. Transitional provision.
This chapter applies to an electronic non-testamentary estate
planning document created, signed, generated, sent,
communicated, received or stored on or after the effective date
of this section.
Section 6. Sections 5442(b), 5452(b), 5822(b) and 6201 of
Title 20 are amended to read:
§ 5442. Execution.
* * *
(b) Requirements.--A living will [shall] must be:
(1) dated [and];
(1.1) signed by the principal by signature or mark or by
another individual on behalf of and at the direction of the
principal if the principal is unable to sign but specifically
directs another individual to sign the living will; and
(2) witnessed by two individuals, each of whom is 18
years of age or older.
* * *
§ 5452. Execution.
* * *
(b) Requirements.--A health care power of attorney must be:
(1) dated [and];
(1.1) signed by the principal by signature or mark or by
another individual on behalf of and at the direction of the
principal if the principal is unable to sign but specifically
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directs another individual to sign the health care power of
attorney; and
(2) witnessed by two individuals, each of whom is 18
years of age or older.
* * *
§ 5822. Execution.
* * *
(b) Requirements.--A declaration must be:
(1) Dated [and signed].
(1.1) Signed by the declarant by signature or mark or by
another individual on behalf of and at the direction of the
declarant.
(2) Witnessed by two individuals, each of whom must be
at least 18 years of age.
* * *
§ 6201. Right to disclaim.
(a) Authorization.--A person to whom an interest in property
would have devolved by whatever means, including a beneficiary
under a will, an appointee under the exercise of a power of
appointment, a person entitled to take by intestacy, a joint
tenant with right of survivorship, a donee of an inter vivos
transfer, a donee under a third-party beneficiary contract
(including beneficiaries of life insurance and annuity policies
and pension, profit-sharing and other employee benefit plans),
and a person entitled to a disclaimed interest, may disclaim it
in whole or in part by a written disclaimer which [shall] must:
(1) describe the interest disclaimed;
(2) declare the disclaimer and extent thereof; [and]
(3) be signed by the disclaimant[.]; and
(4) if the disclaimer is signed by the disclaimant under
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section 4024(c) (relating to recognition of electronic non-
testamentary estate planning document and electronic
signature), be witnessed by two individuals, each of whom
must be at least 18 years of age.
(b) No restrictions.--The right to disclaim shall exist
notwithstanding any limitation on the interest in the nature of
a spendthrift provision or similar restriction.
Section 7. This act shall take effect in 60 days.
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