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To amend sections 2107.03 and 2107.24 of the Revised | 1 |
Code to require a will to be attested and | 2 |
subscribed by the witnesses in the conscious | 3 |
presence, instead of in the presence, of the | 4 |
testator and to provide that a decedent who signs | 5 |
a document that is a purported will sign in the | 6 |
conscious presence of the witnesses. | 7 |
Section 1. That sections 2107.03 and 2107.24 of the Revised | 8 |
Code be amended to read as follows: | 9 |
Sec. 2107.03. Except oral wills, every last will and | 10 |
testament shall be in writing, but may be handwritten or | 11 |
typewritten. | 12 |
testator making it or by some other person in | 13 |
testator's conscious presence and at | 14 |
direction, and be attested and subscribed in the conscious | 15 |
presence of | 16 |
witnesses, who saw the
testator subscribe, or heard | 17 |
testator acknowledge
| 18 |
For purposes of this section, "conscious presence" means | 19 |
within the range of any of the testator's senses, excluding the | 20 |
sense of sight or sound that is sensed by telephonic, electronic, | 21 |
or other distant communication. | 22 |
Sec. 2107.24. (A) If a document that is executed that | 23 |
purports to be a will is not executed in compliance with the | 24 |
requirements of section 2107.03 of the Revised Code, that document | 25 |
shall be treated as if it had been executed as a will in | 26 |
compliance with the requirements of that section if a probate | 27 |
court, after holding a hearing, finds that the proponent of the | 28 |
document as a purported will has established, by clear and | 29 |
convincing evidence, all of the following: | 30 |
(1) The decedent prepared the document or caused the document | 31 |
to be prepared. | 32 |
(2) The decedent signed the document and intended the | 33 |
document to constitute the decedent's will. | 34 |
(3) | 35 |
the document under division (A)(2) of this section in the | 36 |
conscious presence of two or more witnesses. As used in division | 37 |
(A)(3) of this section, "conscious presence" means within the | 38 |
range of any of the witnesses' senses, excluding the sense of | 39 |
sight or sound that is sensed by telephonic, electronic, or other | 40 |
distant communication. | 41 |
(B) If the probate court holds a hearing pursuant to division | 42 |
(A) of this section and finds that the proponent of the document | 43 |
as a purported will has established by clear and convincing | 44 |
evidence the requirements under divisions (A)(1), (2), and (3) of | 45 |
this section, the executor may file an action in the probate court | 46 |
to recover court costs and attorney's fees from the attorney, if | 47 |
any, responsible for the execution of the document. | 48 |
Section 2. That existing sections 2107.03 and 2107.24 of the | 49 |
Revised Code are hereby repealed. | 50 |