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New Emergency Procedures Permit Electronic Execution of Wills

On March 31, 2020, the Indiana Supreme Court outlined emergency procedures for the witnessing of wills. Order 20S-MS-237 provides the conditions which allow for the execution of wills without two attesting witnesses to be physically present together with the testator (the person marking the will).
Prior to this order, although creating an estate plan while practicing social distancing was possible, executing the plan still required in person meetings. Together, with the accelerated roll-out of Remote Online Notarization, Carson clients can complete their estate planning from the comfort of their homes.

Clients will now be able to execute wills without the risk of leaving their residences during the public health emergency (which is not currently set to expire until May 5, 2020). Please take note that clients who choose to execute wills remotely during the public health emergency will also need to re-ratify or re-execute their wills within ninety days following the expiration of the public health emergency. Carson clients can rest assured that we will be there to provide assistance and coordinate that effort following the conclusion of the public health emergency.

***Please note at the time of this publication, there are not yet any Remote Notary Technology vendors approved by the Secretary of State. We are monitoring the situation for our clients.

Christopher Nusbaum



This advisory has been prepared by Carson LLP for informational purposes only and does not constitute legal advice. Copyright 2020, Carson LLP, 301 W. Jefferson Blvd. STE 200, Fort Wayne, Indiana, 46802. All rights reserved. Date of Advisory 4/8/2020.