![]() The witness is subject to certain qualifications. Healthcare Power of Attorney: Illinois law requires a healthcare power of attorney to be signed before one witness. Revocable Trust: In Illinois, a revocable trust does not need to be witnessed or notarized to be effective. ![]() ![]() Will: Illinois law requires a will to be signed by the testator (or by some person in her presence and by her direction) in the presence of two credible witnesses. The notary public is required to be physically within the State of Illinois while performing the notarial act.Īny act of witnessing required by Illinois law also may be completed by two-way audio-video communication technology, following specific procedures as described in the statute. Under the new law, the requirement that a person “appear before” an Illinois notary public under the Illinois Notary Act is satisfied if the notary public performs a remote notarization via two-way audio-video communication technology. On June 12, 2020, Governor Pritzker signed SB 2135 into law, providing statutory authorization for virtual executions. These orders allow for remote witnessing and notarization procedures. Pritzker issued Executive Order 2020-14, which was amended and re-issued by Executive Order 2020-33 on April 30, 2020, and again re-issued by Executive Order 2020-39 on May 29, 2020. A sample of the execution requirements for Illinois, Florida and New York are discussed below, followed by a brief overview of the status of remote executions in England and offshore jurisdictions. Some states require notaries to be specially registered as an “online notary” or require the use of specific software for the videoconference to be recorded. For example, while some states have allowed for remote witnessing, others have temporarily suspended witness requirements for all documents other than wills. Just as states have different execution requirements for wills, trusts, powers of attorney and advance healthcare directives (or healthcare powers of attorney), the requirements for remote execution of those documents during the Coronavirus (COVID-19) pandemic vary significantly across jurisdictions.
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