North Dakota Code 30.1-37-04 – Execution of electronic will
1. Subject to subsection 4 of section 30.1-37-06, an electronic will must be:
Terms Used In North Dakota Code 30.1-37-04
- 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.
- Individual: means a human being. See North Dakota Code 1-01-49
- Testator: A male person who leaves a will at death.
a. A record that is readable as text at the time of signing as provided under subdivision b; b. Signed by:
(1) The testator; or
(2) Another individual in the testator’s name, in the testator’s conscious presence, and by the testator’s direction; and
c. Either:
(1) Signed by at least two individuals, each of whom signed within a reasonable time after witnessing:
(a) The signing of the will as provided under subdivision b; or
(b) The testator’s acknowledgment of the signature as provided under subdivision b or acknowledgment of the will; or
(2) Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments.
2. Intent of a testator that the record under subdivision a of subsection 1 be the testator’s electronic will may be established by extrinsic evidence.