Idaho Code 15-2-1105 – Execution of Electronic Will
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(1) An electronic will must be:
(a) A tamper-evident electronic record that is readable as text at the time of signing under paragraph (b) of this subsection;
(b) Signed by:
(i) The testator; or
(ii) Another individual in the testator’s name, in the testator’s physical presence, and by the testator’s direction; and
(c) Signed in the physical or electronic presence of the testator by at least two (2) individuals, each of whom is a resident of a state at the time of signing, within a reasonable time after witnessing:
(i) The signing of the will under paragraph (b) of this subsection; or
(ii) The testator’s acknowledgment of the signing of the will under paragraph (b) of this subsection or acknowledgment of the will.
(2) Intent of a testator that a record under subsection (1)(a) of this section be the testator’s electronic will, or that a record affixed to or logically associated with an electronic will forms a part thereof, may be established by extrinsic evidence.
Terms Used In Idaho Code 15-2-1105
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Idaho Code 15-2-1102
- Electronic presence: means the relationship of two (2) or more individuals in different locations communicating in real time by means of communication technology. See Idaho Code 15-2-1102
- Electronic will: means a will executed electronically in compliance with section 15-2-1105(1), Idaho Code. See Idaho Code 15-2-1102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Idaho Code 15-2-1102
- State: means a state 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. See Idaho Code 15-2-1102
- Tamper-evident: means a feature of an electronic record whereby evidence of any change to the electronic record is preserved. See Idaho Code 15-2-1102
- Testator: A male person who leaves a will at death.
- Will: includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. See Idaho Code 15-2-1102
(3) A signature affixed to an acknowledgment or affidavit under section 15-2-1108(1), Idaho Code, that is affixed to or logically associated with an electronic will, or a record that would constitute an electronic will but for lack of a signature or signatures described in this sentence, is deemed a signature of the electronic will under subsection (1) of this section.