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Statutes Text

Article - Estates and Trusts


    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Electronic” means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

    (c)    “Electronic presence” means two or more individuals communicating in real time using electronic audio–visual means to the same extent as if the individuals were in the physical presence of each other.

    (d)    “Electronic signature” means an electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

    (e)    “Electronic will” means a will containing one or more electronic signatures and executed in compliance with this subtitle.

    (f)    “Physical presence” means being close enough to see, hear, and speak with another individual without using electronic audio–visual means.

    (g)    “Record” means information readable as text that is inscribed on a tangible medium or that is stored in an electronic medium and retrievable in perceivable form.

    (h)    “Remotely witnessed will” means a will that is:

        (1)    Signed by the testator under circumstances where a witness is in the electronic presence, but not the physical presence, of the testator when the witness attests to and signs the will; and

        (2)    Executed, prepared, and certified in compliance with § 4–102 of this subtitle.

    (i)    “Sign” means, with present intent to authenticate or adopt a record, to:

        (1)    Execute or adopt a tangible symbol; or

        (2)    Attach to or logically associate with the record an electronic symbol, sound, or process.

    (j)    “Supervising attorney” means an individual who has been admitted to practice law before the courts of this State and is in good standing.

    (k)    “Will” means a record that the testator intends to adopt as the testator’s codicil or testamentary instrument and that:

        (1)    (i)    Appoints a personal representative;

            (ii)    Revokes or revises another will;

            (iii)    Nominates a guardian;

            (iv)    Directs the disposition of the testator’s property; or

            (v)    Expressly excludes or limits the right of an individual or class to succeed to property of a decedent passing by intestate succession;

        (2)    Is executed in the form prescribed under §§ 4–102 through 4–104 of this subtitle; and

        (3)    Has not been revoked in a manner provided by § 4–105 of this subtitle.

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