Terms Used In Utah Code 75-2-1408

• 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 Utah Code 75-2-1402
• Electronic presence: means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location. See Utah Code 75-2-1402
• Electronic will: means a will executed electronically in compliance with Subsection 75-2-1405(1). See Utah Code 75-2-1402
• Sign: means , with present intent to authenticate or adopt a record:
       (5)(a) to execute or adopt a tangible symbol; or
       (5)(b) to affix to or logically associate with the record an electronic symbol or process. See Utah Code 75-2-1402
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: includes a federally recognized Indian tribe. See Utah Code 75-2-1402
• Testator: A male person who leaves a will at death.
• Testator: includes an individual of either sex. See Utah Code 75-1-201 v2

     I, ____________, the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign this instrument or willingly direct another individual to sign this instrument for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years old or older, of sound mind, and under no constraint or undue influence.

     ____________     Testator

     We, ____________ and ____________, the witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator’s electronic will, that the testator willingly signed this instrument or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator’s signing, and to the best of our knowledge the testator is 18 years old or older, of sound mind, and under no constraint or undue influence.     ___________     Witness     ___________     Witness

Certificate of officer:

State of ____________

County of ___________

Subscribed, sworn to, and acknowledged before me by ___________, the testator, and subscribed and sworn to before me by ____________ and ____________, witnesses, this _________ day of __________, ____.     ____________     Signed     ____________     Capacity of Officer