To amend sections 2107.03 and 2107.24 of the Revised Code to require a will to be attested and subscribed by the witnesses in the conscious presence, instead of in the presence, of the testator and to provide that a decedent who signs a document that is a purported will sign in the conscious presence of the witnesses.
SECTION 1. That sections 2107.03 and 2107.24 of the Revised Code be amended to read as follows:
Sec. 2107.03. Except oral wills, every last will and
testament shall be in
writing, but may be handwritten or
typewritten. Such The will shall be signed at
the end by the party
testator making it or by some other person in such party's
the
testator's conscious presence and at his the testator's express
direction, and be
attested and subscribed in the
conscious
presence of such party the testator, by two or more competent
witnesses, who saw the
testator subscribe, or heard him the
testator acknowledge
his the testator's signature.
For purposes of this section, "conscious presence" means within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication.
Sec. 2107.24. (A) If a document that is executed that purports to be a will is not executed in compliance with the requirements of section 2107.03 of the Revised Code, that document shall be treated as if it had been executed as a will in compliance with the requirements of that section if a probate court, after holding a hearing, finds that the proponent of the document as a purported will has established, by clear and convincing evidence, all of the following:
(1) The decedent prepared the document or caused the document to be prepared.
(2) The decedent signed the document and intended the document to constitute the decedent's will.
(3) Two or more witnesses saw the The decedent sign signed
the document under division (A)(2) of this section in the
conscious presence of two or more witnesses. As used in division
(A)(3) of this section, "conscious presence" means within the
range of any of the witnesses' senses, excluding the sense of
sight or sound that is sensed by telephonic, electronic, or other
distant communication.
(B) If the probate court holds a hearing pursuant to division (A) of this section and finds that the proponent of the document as a purported will has established by clear and convincing evidence the requirements under divisions (A)(1), (2), and (3) of this section, the executor may file an action in the probate court to recover court costs and attorney's fees from the attorney, if any, responsible for the execution of the document.
SECTION 2. That existing sections 2107.03 and 2107.24 of the Revised Code are hereby repealed.