2021 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 21. Electronic Wills
29-1-21-8. Revocation of Electronic Will
Sec. 8. (a) This section describes the exclusive methods for revoking an electronic will. Before a testator completes or directs the revocation of an electronic will, the testator shall:
(1) comply with; or
(2) direct a third party custodian to comply, as applicable, with;
(b) A testator may revoke and supersede a previously executed electronic will by executing a new electronic will or traditional paper will that explicitly revokes and supersedes all prior wills. However, if the revoked or superseded electronic will is held in the custody or control of more than one (1) custodian, the testator shall use the testator's best efforts to contact each custodian and to instruct each custodian to permanently delete and render nonretrievable each revoked or superseded electronic will in the manner described in subsection (d).
(c) If a testator is not using the services of a custodian to store the electronic record for an electronic will, the testator may revoke the electronic will by permanently deleting each copy of the electronic record associated with the electronic will in the testator's possession or control or by rendering the electronic record for the associated electronic will unreadable and nonretrievable.
(d) The testator may revoke the testator's electronic will by executing a revocation document that:
(1) is signed by the testator and two (2) attesting witnesses in a manner that complies with IC 29-1-5-3(b) or with section 4 of this chapter;
(2) refers to the date on which the electronic will that is being revoked was signed; and
(3) states that the testator is revoking the electronic will described in subdivision (2).
A revocation document under this subsection may be signed and witnessed with the electronic signature of the testator and two (2) attesting witnesses, or signed and witnessed with signatures on paper as described in IC 29-1-5-6.
(e) If a testator is using the services of an attorney or a custodian to store the electronic record associated with the testator's electronic will, the testator may revoke the electronic will by instructing the custodian or attorney to permanently delete or make unreadable and nonretrievable the electronic record associated with the electronic will. An instruction issued under this subsection must be made in writing to the custodian or attorney as applicable. A custodian or attorney who receives a written instruction described in this subsection shall:
(1) sign an affidavit of regularity under section 13 of this chapter with respect to the electronic will to be revoked by the testator;
(2) create a complete converted copy (as defined in section 3(2) of this chapter) of the electronic will being revoked;
(3) make the signed affidavit of regularity a permanent attachment to or part of the complete converted copy;
(4) follow the testator's written instruction by:
(A) permanently deleting the electronic record for the revoked electronic will; or
(B) rendering the electronic record associated with the revoked electronic will unreadable and nonretrievable; and
(5) transmit or issue the complete converted copy of the revoked electronic will to the testator.
(f) If the electronic record for a particular electronic will or a complete converted copy of the electronic will cannot be found after the testator's death, the presumption that applied to a lost or missing traditional paper will shall be applied to the lost or missing electronic will.
As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.11.