(755 ILCS 6/Art. 5 heading)
(755 ILCS 6/5-5)
Sec. 5-5. Signing electronic wills.
(a) To be valid under this Act, 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.
(b) The testator may sign the electronic will with the testator's electronic signature or may direct another person in the presence of the testator to sign the electronic will. A person signing at the testator's direction shall not be an attesting witness, a person receiving a beneficial legacy or interest under the will, or the spouse or child of a person receiving a beneficial legacy or interest under the will.
(c) Each witness shall sign the electronic will with an electronic signature in the presence of the testator after seeing the testator sign, seeing the testator direct another person in the testator's presence to sign, or seeing the testator acknowledge the signature as the testator's act.
(d) If the will is attested to by a remote witness, the requirements for an attestation by a remote witness under Section 15-10 also apply.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/5-10)
Sec. 5-10. Revocation.
(a) An electronic will may be revoked in the following ways:
(b) If there is evidence that a testator signed an electronic will and neither an electronic will nor a certified paper copy of the electronic will can be located after a testator's death, there is a presumption that the testator revoked the electronic will even if no instrument or later will revoking the electronic will can be located.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 6/5-15)
Sec. 5-15. Digital assets and electronic commerce.
(a) At any time during the administration of the estate without further notice or, if there is no grant of administration, upon such notice and in such a manner as the court directs, the court may issue an order under the Revised Uniform Fiduciary Access to Digital Assets Act (2015) for a custodian of an account held under a terms-of-service agreement to disclose digital assets for the purposes of obtaining an electronic will from a deceased user's account. If there is no grant of administration at the time the court issues the order, the court's order shall grant disclosure to the petitioner who is deemed a personal representative under the Revised Uniform Fiduciary Access to Digital Assets Act (2015).
(b) Except as specified in this Act, the Electronic Commerce Security Act does not apply to the execution or revocation of an electronic will.
(Source: P.A. 102-167, eff. 7-26-21.)