Indiana Supreme Court Permits Remote Witnessing of Wills and Remote Notarization During COVID-19 Health Emergency
The Indiana Supreme Court entered Order 20S-MS-237 on March 31, 2020. The Order pertains to the portions of the Indiana Code which require witnesses and/or testators to be in the actual presence of each other when signing estate planning documents, including wills and/or codicils to wills. The Order provides that during the Indiana public health emergency relating to COVID-19, the Court determines the following to be in substantial compliance with the statutory provisions:
Remote appearance is conducted by simultaneous audio/video communication among witnesses and testator;
The witnesses and testator can identify one another and the parties are all able to see the execution of the document;
The document specifically references Order 20S-MS-237 prior to the attestation/self-proving clause and specifies within an attestation/self-proving clause in the document the methods used for remote appearance and obtaining signatures (including what technological platform was used and what electronic processes were used); and
The document includes a statement prior to the attestation/self-proving clause that confirms the document will be re-ratified or re-executed using the normal statutory requirements for execution and witnessing within 90 days after the Indiana health emergency ceases.
Additionally, the Indiana Supreme Court, with Order 20S-MS-236, permits notaries and others qualified to administer oaths in the State of Indiana to swear witnesses remotely by audio-video technology so long as the notary or person qualified to administer oaths can both see and hear the witness and provided they can positively identify the witness.