- (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- (3) Has not been revoked in a manner provided by § 4-105 of this subtitle.
Added by Acts 2021, c. 686, § 1, eff. Oct. 1, 2021.