IL SB0730 | 2021-2022 | 102nd General Assembly
Status
Completed Legislative Action
Sponsorship: Partisan Bill (Democrat 4)
Status: Passed on July 26 2021 - 100% progression
Action: 2021-07-26 - Public Act . . . . . . . . . 102-0167
Text: Latest bill text (Chaptered) [HTML]
Sponsorship: Partisan Bill (Democrat 4)
Status: Passed on July 26 2021 - 100% progression
Action: 2021-07-26 - Public Act . . . . . . . . . 102-0167
Text: Latest bill text (Chaptered) [HTML]
Summary
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.
Title
ELECTRONIC WILL/REMOTE WITNESS
Sponsors
Roll Calls
2021-05-30 - Senate - Concurrence in Senate (Y: 52 N: 6 NV: 1 Abs: 0) [PASS]
2021-05-20 - House - Third Reading in House (Y: 98 N: 16 NV: 2 Abs: 1) [PASS]
2021-04-22 - Senate - Third Reading in Senate (Y: 56 N: 0 NV: 3 Abs: 0) [PASS]
2021-05-20 - House - Third Reading in House (Y: 98 N: 16 NV: 2 Abs: 1) [PASS]
2021-04-22 - Senate - Third Reading in Senate (Y: 56 N: 0 NV: 3 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2021-07-26 | Senate | Public Act . . . . . . . . . 102-0167 |
| 2021-07-26 | Senate | Effective Date July 26, 2021 |
| 2021-07-26 | Senate | Governor Approved |
| 2021-06-28 | Senate | Sent to the Governor |
| 2021-05-30 | Senate | Passed Both Houses |
| 2021-05-30 | Senate | Senate Concurs |
| 2021-05-30 | Senate | House Committee Amendment No. 1 Senate Concurs 052-006-000 |
| 2021-05-29 | Senate | House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-000-000 |
| 2021-05-25 | Senate | House Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary |
| 2021-05-25 | Senate | House Committee Amendment No. 1 Motion to Concur Referred to Assignments |
| 2021-05-25 | Senate | House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Rachelle Crowe |
| 2021-05-21 | Senate | Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 24, 2021 |
| 2021-05-21 | Senate | Secretary's Desk - Concurrence House Amendment(s) 1 |
| 2021-05-20 | House | Added Alternate Chief Co-Sponsor Rep. Maurice A. West, II |
| 2021-05-20 | House | Added Alternate Chief Co-Sponsor Rep. Jonathan Carroll |
| 2021-05-20 | House | Third Reading - Short Debate - Passed 098-016-000 |
| 2021-05-19 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 2021-05-19 | House | Second Reading - Short Debate |
| 2021-05-12 | House | Placed on Calendar 2nd Reading - Short Debate |
| 2021-05-12 | House | Do Pass as Amended / Short Debate Judiciary - Civil Committee; 013-001-000 |
| 2021-05-12 | House | House Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote |
| 2021-05-11 | House | House Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee |
| 2021-05-10 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 2021-05-10 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Daniel Didech |
| 2021-05-04 | House | Assigned to Judiciary - Civil Committee |
| 2021-04-27 | House | Alternate Chief Sponsor Changed to Rep. Daniel Didech |
| 2021-04-23 | House | Referred to Rules Committee |
| 2021-04-23 | House | First Reading |
| 2021-04-22 | House | Chief House Sponsor Rep. Emanuel Chris Welch |
| 2021-04-22 | House | Arrived in House |
| 2021-04-22 | Senate | Third Reading - Passed; 056-000-000 |
| 2021-04-22 | Senate | Senate Floor Amendment No. 1 Adopted; Crowe |
| 2021-04-22 | Senate | Recalled to Second Reading |
| 2021-04-20 | Senate | Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000 |
| 2021-04-13 | Senate | Chief Sponsor Changed to Sen. Rachelle Crowe |
| 2021-04-07 | Senate | Senate Floor Amendment No. 1 Assignments Refers to Judiciary |
| 2021-03-25 | Senate | Placed on Calendar Order of 3rd Reading April 13, 2021 |
| 2021-03-25 | Senate | Second Reading |
| 2021-03-25 | Senate | Senate Floor Amendment No. 1 Referred to Assignments |
| 2021-03-25 | Senate | Senate Floor Amendment No. 1 Filed with Secretary by Sen. Rachelle Crowe |
| 2021-03-24 | Senate | Placed on Calendar Order of 2nd Reading March 25, 2021 |
| 2021-03-24 | Senate | Do Pass Executive; 016-000-000 |
| 2021-03-17 | Senate | Assigned to Executive |
| 2021-02-25 | Senate | Referred to Assignments |
| 2021-02-25 | Senate | First Reading |
| 2021-02-25 | Senate | Filed with Secretary by Sen. Don Harmon |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 765 | 1026 | 15-101 | Amended Code | Citation Text |
