SB 72

Abstract

Creates the Electronic Wills and Remote Witnesses Act. Provides that an electronic will shall be executed by the testator or by some person in the testator's presence and at the testator's direction, and attested to in the testator's presence by 2 or more credible witnesses. Provides for the revocation of an electronic will. Provides that an electronic will is a digital asset and any person or business in possession of an electronic will is a custodian. Provides for certified copies. Provides that a person may witness any document, other than a will, using audio-video communication between the individual's signing the document and the witness. Provides for remote attestation for a will. Provides methods for determining a signer's or testator's identity. Provides for the verification of an electronic will when a petition to have an electronic will admitted to probate is filed. Provides for: admission of a paper copy of an electronic will; admission of a will attested to by a witness who is physically present; admission of a will attested to by a remote witness; and admission of a will signed under the Electronic Commerce Security Act. Provides that nothing prohibits any party from introducing evidence of fraud, forgery, compulsion, or other improper conduct which in the opinion of the court is deemed sufficient to invalidate the will when being admitted. Provides for: formal proof of a will with a remote witness; formal proof of an electronic will; and formal proof of a will witnessed under the Electronic Commerce Security Act. Makes corresponding changes in the Electronic Commerce Security Act and the Probate Act of 1975. Effective immediately. House Committee Amendment No. 1 Deletes reference to: New Act 5 ILCS 175/5-115 5 ILCS 175/5-120 5 ILCS 175/5-125 5 ILCS 175/10-130 755 ILCS 5/1-2.18 from Ch. 110 1/2, par. 1-2.18 755 ILCS 5/1-2.25 new 755 ILCS 5/1-2.26 new 755 ILCS 5/6-5 from Ch. 110 1/2, par. 6-5 755 ILCS 5/6-6 from Ch. 110 1/2, par. 6-6 755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1 755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2 Adds reference to: 735 ILCS 5/2-1303 from Ch. 110, par. 2-1303 Replaces everything after the enacting clause. If and only if House Bill 3360 of the 101st General Assembly becomes law, amends the Code of Civil Procedure. Provides that: prejudgment interest shall begin to accrue on the date the action is filed (rather than the date the defendant has notice of the injury from the incident itself or a written notice); in entering judgment for the plaintiff in the action, the court shall add to the amount of the judgment interest on the amount calculated at the rate of 7% (rather than 9%) per annum; and that neither the State, a unit of local government, a school district, a community college district, nor any other governmental entity (rather than "a local public entity") is liable to pay prejudgment interest in an action brought directly or vicariously against it by the injured party. Deletes language allowing the trial court to apportion any amount of prejudgment interest between the plaintiff and any agency or department of the State. Deletes language requiring the court to consider the plaintiff's hardship from the time of injury to the date of judgment and the effort required to obtain the judgment. Effective immediately. House Floor Amendment No. 2 Deletes reference to: New Act 5 ILCS 175/5-115 5 ILCS 175/5-120 5 ILCS 175/5-125 5 ILCS 175/10-130 755 ILCS 5/1-2.18 from Ch. 110 1/2, par. 1-2.18 755 ILCS 5/1-2.25 new 755 ILCS 5/1-2.26 new 755 ILCS 5/6-5 from Ch. 110 1/2, par. 6-5 755 ILCS 5/6-6 from Ch. 110 1/2, par. 6-6 755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1 755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2 Adds reference to: 735 ILCS 5/2-1303 from Ch. 110, par. 2-1303 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that in all actions brought to recover damages for personal injury or wrongful death resulting from or occasioned by the conduct of any other person or entity, whether by negligence, willful and wanton misconduct, intentional conduct, or strict liability of the other person or entity, the plaintiff shall recover prejudgment interest on specified damages and costs set forth in the judgment. Provides that neither the State nor a local public entity shall be liable to pay prejudgment interest. Provides that for any personal injury or wrongful death occurring before the effective date of the amendatory Act, the prejudgment interest shall begin to accrue on the later of the effective date of the amendatory Act or the date the action is filed. Effective July 1, 2021.